AIBU to give one weeks notice when work will struggle?

[OverbearingHouseSitter]

Hi.

Will preface this by saying that my contract says a weeks notice...

Situation is I work five days a work in an office which I began two months ago and then a Saturday job in retail which I picked up five months ago.

I basically swapped being the main working parent with DH who now works part time hours during the evening a few nights a week. This works well for us.

I did like my Saturday job at first which is why I kept it. It is in retail, however a social and chatty environment.

However working six days a week with only Sunday off is taking it's toll and DH has offered to pick up Sunday's or Saturdays at his job to make up the loss financially if I quit my Saturday job. Even if he doesn't work the extra seven hours we don't 'need' the money.

Anyway last week I mentioned to manager I was struggling but did not give in my notice.

The next day, I was issued with a new contract which insists on four weeks notice.

I have not signed the new contract and this Saturday gave my weeks notice.

Saturday Employer however has emailed me and said this isn't possible, they have no cover on Saturdays and have asked me to 'obey my contractual notice period.'

However it is a week, not four, as I never signed the new contract.

I am exhausted and can't do this for another month.

So AIBU to only give a weeks notice as my original, signed contract states?

And also- side question: if I gave my notice on in Saturday morning, does the Saturday count as one of the days, effectively meaning my last day of employment is Friday?

Thank you.

I'd check with ACAS (or ask for this to be moved to the Employment board) but I'm pretty certain you'd need to give one week's notice only. I don't know whfetrer Saturday would count but I can't see them taking legal action if you didn't work next Sat.

Scrabbler- my friend is an employment lawyer and she has said my original contract stands.

I suppose I'm more wondering from a moral point of view if leaving work understaffed on Saturdays knowkingt is wrong. I'm a bit of a walkover so would normally just agree to work the extra three weeks

Their staffing issues are not your concerns. That's for them to sort out. Your health and wellbeing are your concerns. Stick to the notice and tell them no.

Your original contract stands. You are not being unreasonable. They are being ridiculous if they think they can hold you to a contract you haven't signed, which is all the more reason to stick to your one weeks notice.

You are adhering to your contract and your employer being short staffed is not your problem or responsibility. You can leave with a clear conscious.

Unless you raised concerns with the new contract at the time of being given it it could be argued that you accepted the terms and a contract doesn't have to be signed to be legally binding.
As its only four weeks and only one day a week is probably work it out.

"If an employee disagrees with new terms and conditions but doesn’t say or do anything, this may count as agreeing to the changes."

Quote from here:
www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems
As there was no consultation period before the new contract you're probably fine but if you'll be wanting a reference from them in future it may out you in an awkward position.