Notice period for work after updates to my contract

[CityHopper]

Hoping for an eager legal expert on knowing where I stand on my notice period... Any advice VERY gratefully received...

• In July 2021 I started a 3 year fixed term contract of employment. It had a one month notice period (me to them), but also a clear end date of employment (Jul 2024).
• In August 2022, I negotiated the position being permanent and a slight job title change and uplift. I was issued with a whole new contract for the permanent position. Things like the probationary period were stated on the contract as being already satisfied, and continuous employment start date set at July 2021. The notice period for me to them was increased to 2 months.
• Very recently, I was issued a pay award and change in job title, via a letter I had to sign (not a new contract). The letter is as follows (from employer HR):

I am writing to confirm the details of your permanent change in salary in the above post. The principal changes to your current terms of employment are outlined below:

1. The effective date is X
2. Your post title is now MX
3. Your salary will increase to £X
4. All other terms and conditions remain in accordance with your contract of X July 2021.

Please sign the attached copy of this letter to indicate your agreement to the terms above and return it to HR.

Acceptance Statement
I acknowledge receipt of this letter and confirm that I am in agreement with the above permanent changes to my terms and conditions of employment.

I have signed the letter.

Here's the question!!
So, is my notice period now back to one month?

Clearly, they have forgotten about my 2nd contract from August 2022, which superseded the Jul 21 one.
In my head, the reason my notice period is now 1 month is that I'm now bound by the contract from July 2021. But equally, by going back to the Jul21 contract, the 3 years are up and I'd not even be employed by now...

Reason for asking: I've just been offered a job, the new place are extremely keen for quick start due to potential knowledge loss from outgoing person. I don't want to be a dick to my current employers, but I think I'm on one month??!

Thank you!
Apologies this is long, hoping to remove need for twists and turns!

Just speak to your current employer. It is the sensible approach. As a manager I get asked all the time to agree a differrent notice period and we generally do. You are not going to lose the new job either way, just speak to your current employer.

Thanks @GOODCAT (love your name)
Yes of course, I will be doing that.

It's just due to the workload at this time of year (it's the busiest time of the year, we all work massive hours the next couple of months then it's more normal the rest of the year), I would not blame them for trying to enforce two months. I don't want to stand my ground being difficult if I'm actually wrong on my understanding of it - if I'm wrong and it's two months, fair enough!

I expect this is human error on their part.

On the one hand, in black and white it seems that they have put you on the original contract for all terms except those outlined, which didn't include a longer notice period.

However it seems unlikely they meant to do this and it's probably reasonable for you to understand that.

The original contract effectively ceased to exist when you signed the second one, so it's not there to go back to. You have been working under the terms of the second one, as a permanent employee and all that entails.

What you do next boils down to how much you want the new job, whether they're willing to wait for you and how much leaving your current place on good terms means to you.

Obviously the first port of call is speaking to your current employer who may be happy for you to leave early/agree that you're on a month's notice.

Have you told the new job that you're on a month's notice? Was their offer based on that and might they withdraw it?

Your current employer may insist on the longer notice period, but they can't force you into the office. They could withhold bonuses, discretionary payments etc and they obviously wouldn't pay you if you don't turn up.

The reality is though, it's a civil matter and unless you are a key member/staff leaving for a competitor, or you not working that extra four weeks will cost them a considerable amount of money somehow, they are extremely unlikely to take you to court.

You'd obviously need to tell the new employer you were doing this...giving them the impression that you're willing to disappear for a better offer may not go down well, or they may not care if it gets you to them early.

HI @Velmy really appreciate your detailed reply, apologies not to acknowledge earlier, it's been a FULL ON 24 hours.

Yes you're right it was definitely human error on the part of HR at my current employers. Aside from a very recent thing which triggered me applying for a couple of jobs elsewhere - and hence getting the offer!- which they subsequently apologised for- they have been a very supportive employer so I don't want to mess them around.
I hedged my bets with the new employer saying I would need to check my contract - I gave the impression I thought it was a month but that I would need to confirm this by looking it up. I felt a bit shitty about it, but it was an 'easier' message than 'I'm not sure where I stand because this happened then this then that...'.

I've spoken to both employers again today. My current employers are reviewing when they think I could go, and think that maybe it is a month and it's their fault, and the new ones are standing firm 1 month would be best but that the offer still stands if it is longer. Ultimately, it's down to me where my loyalty really lies on where I push for the dates, and I suppose my quandary is right now my loyalty is with neither because the new place hasn't earned it yet but I have nothing to gain from being loyal to the old place. I expect I'll end up hedging at half way between the two and do a 6 week notice!!

Thanks again, really much appreciated to get an outside perspective :)

It'd be poor of your current employer to insist on the full two months at this stage. They have made a mistake, you're leaving anyway, and having an employee who is effectively being compelled to stay won't be good for either party.

Good luck!

I would point out their error. However, yes your other terms are as per your 2921 contract.