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Can my employer enforce a longer notice period than my signed contract?

4 replies

Localtwit · 13/09/2026 08:45

I started a new role about 18 months ago, and my initial contract stated my notice period (upon passing my probation) was 3 months. After passing my probation period, I was issued with a permanent contract which has been signed and returned. This contract states the notice period is 1 month.

I believe it is an error on my employer's part, as colleagues on the same pay grade grumble about the length of notice required (which is excessive for the role).

Any advice on whether I can give the 1 month notice, or if my employer can say it was a mistake, and make me work the 3 months, would be appreciated, thank you.

OP posts:
KindlySurfiingPlatypus · 13/09/2026 08:49

Does the documents that says 1 month have anyone else's signature on it, or just your own?
Do they hold a copy of your signature accepting the old contract that said 3 months?
Does the replacement contract explicitly state in its preamble that ot supersedes any previous contract?

ThirdStorm · 13/09/2026 09:02

What are they going to do if you insist on a month and leave after a month? Are they petty or will they just spend the next month guilt tripping you?. Enforcing is very difficult. They might considering bringing a claim against you for losses due to you not working your notice but this is expensive and rare and as you’ve said notice is excessive for the type of job, very unlikely.

just be polite, explain you have a valid contract which says 1 month, you didn’t know it was an error and carry on as you are.

CremeDeMure · 13/09/2026 10:11

Similar happened to me and they could not enforce longer. They were not happy, even though I had actually given them about 6 weeks.

prh47bridge · 13/09/2026 10:11

Your employer cannot simply say this is a mistake. They would have to show that you and they actually intended a 3 month notice period and had agreed it.

However, as the previous poster says, whatever notice period is in your contract there is little your employer can do to enforce it. They can in theory sue you if your departure causes a direct financial loss, but unless you are in a senior role or cause significant financial damage they are unlikely to succeed. In reality, the worst that is likely to happen is that they will never give you a reference, or they may say in a reference that you left without serving your full notice period.

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