• Replies 5 replies
  • Subscribers 3 subscribers
  • Views 1329 views
  • Users 0 members are here
Options
Related

Change to notice period

Samantha

Hi a friend of mine had his contract changed last year, he was previously on a 1 month notice period but whilst he was on holiday last year his company changed his contract and notice period to 3 months.  As he never responded - he was abroad - the hr department accepted the change on his behalf.  How long notice period does he have to give should he wish to leave? 

Parents
  • The point about being deemed to have accepted the change if you continue working only applies if you work according to the change. If the specific clause has not arisen, then a court would not find that the employee had tacitly accepted it. Whenever your friend wants to resign he can give the amount of notice he demonstrably agreed to, not what they would have liked him to agree to.

    The idea of the HR Department accepting a change to a contract on someone else's behalf is a nonsense. It would be worth going back to your friend to check what they actually did.
  • in reply to Elizabeth Divver
    Thank you for replying - he was away for a week abroad. The change was rushed through to protect another member of staff - he was not the only one it affected and changed without proper consultation. He did inform the HR department that he did not accept the changes as he was out of the country and not contactable. Sadly they were not very forthcoming with their replies.

    Thank you again.
  • in reply to Samantha
    Hi Samantha

    Agree with colleagues that it's not likely ever to be a big difficulty so not worth getting too confrontational or formal about it. If there is evidence about non-acceptance of the change then they're highly unlikely ever to be able to enforce it anyhow - even less likely than if he was contractually bound by three months notice but pushed off after a month.

    It's pretty destructive of 'mutual trust and confidence' for the employer to be trying this on and highly inept / unprofessional etc that their HR folk are trying to enforce it.

    But all told, a bit pathetic rather than worth worrying too much over.
Reply
  • in reply to Samantha
    Hi Samantha

    Agree with colleagues that it's not likely ever to be a big difficulty so not worth getting too confrontational or formal about it. If there is evidence about non-acceptance of the change then they're highly unlikely ever to be able to enforce it anyhow - even less likely than if he was contractually bound by three months notice but pushed off after a month.

    It's pretty destructive of 'mutual trust and confidence' for the employer to be trying this on and highly inept / unprofessional etc that their HR folk are trying to enforce it.

    But all told, a bit pathetic rather than worth worrying too much over.
Children
No Data