Notice Period

[moomoo1967]

Hi everyone I will attempt to explain this without mentioning anything which will out me. Last year my present company was taken over by a different company. In June this year we were sent new contracts to sign, valid from 1st July 2019. Under the old companies notice period I would have to work 12 weeks notice as I have been here for 12 years, on my new contract it states the following
15. Notice of termination
If you have a probationary period, once we have confirmed to you that you have successfully
completed it, or if there is no probationary period, the notice periods required are as follows:
• From you to us – 4 weeks’ written notice
• From us to you – 4 weeks’ written notice during your first 5 years of employment.
Once you have completed 5 years’ employment with us, we will give you written
notice of one week for each complete year of service up to a maximum of 12 weeks.
I am presuming as I am not on probation that I have to work 4 weeks notice, my boss says not and that the old contract t&c still apply.
Can anyone help with the terminology or know who I can check with, unable to get a reply from HR so wanting to find out asap

Surely the old contract is replaced by the new contract ?

Not any kind of expert apart from someone who has resigned a few times and had to work notice period.

While the new contract replaces the old, I would assume that your twelve years service with the old company will count with the new company as it wasn't a new job. Therefore you would be up to the 12 weeks notice based on length of service anyway. That's just my take on it though.

That's how would take it too. As you've been there for 12 years that would count as 12 years service with the new company too so it would be 12 weeks notice

Once you have completed 5 years’ employment with us, we will give you written notice of one week for each complete year of service up to a maximum of 12 weeks.

This - 12 weeks

filka - that comes under US to YOU though so the company to me ?

it says WE will give YOU written notice of one week for each year. not you must give us ?

The most recent contract applies, which means you give 4 weeks, and they give statutory minimum which is 12 weeks.

flowery - that is how I read it.

I’m with Flowery -the most recent contract takes force, so it’s 4 weeks!

Wait, doesn't TUPE apply? Did you choose to adopt the new t and c?

Under TUPE your terms and conditions of employment remain unless you signed a new contract. Regardless of your contract, statutory notice pay for an employee is one week for each year of employment up to a maximum of 12 weeks.

Sorry, yes they give you 12 weeks, you give them 4 - there is no probationary period

” Under TUPE your terms and conditions of employment remain unless you signed a new contract.” OP has signed a new contract.

”Regardless of your contract, statutory notice pay for an employee is one week for each year of employment up to a maximum of 12 weeks.”

That’s statutory notice for an employer to give an employee, not the other way round. Statutory minimum notice for an employee to give is a week.

That was how I read it, 4 weeks - pleasantly surprised if that is the case. Thanks for the insight everyone

And no it isnt TUPE