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My current employer wont agree to contract change in writing

8 replies

CosmicMonkey · 23/01/2020 16:27

Hello - I was wondering if anyone could help or if there was anything I can do about a situation at work.

I have been working for my employer for under 2 year (so know my rights are limited). I wish to set up my own business doing the same thing but in a completely different location (so would not be in competition). When handing in my notice I was upfront with my employer who wished me the best, said they would pass some work my way to get me started and seemed very supportive if a little sad that I was leaving.

The problem I have is that I have a very long notice period (much longer than another employee) so I asked that I be able to start my new company while working the second half of my notice. My boss verbally agreed to this but when I asked them to sign a document saying they agreed to the variation of my contract they have avoided me and now wont answer my calls.

I know that they have no obligation to agree but I wish they would have just said no rather than avoiding me completely. I don't want to be in breach of my contract which is why I wanted written confirmation of the verbal agreement - as it was verbally agreed is there anything I can do?

Thank you

OP posts:
Dozer · 23/01/2020 16:29

Email them to set out what was agreed and what you’ll be doing. If they don’t respond to say otherwise, it’s evidence of the agreement.

CosmicMonkey · 23/01/2020 16:32

Thank you Dozer - I have done that but could they sue me for breach of contract if they don't provide a clear "yes you can" and I had gone ahead on the assumption

OP posts:
Dozer · 23/01/2020 19:11

No legal knowledge but that seems unlikely.

How long is the notice period?

cabbageking · 23/01/2020 19:15

Did he have the right to agree? I suggest they are checking where they stand before putting anything to paper.

CosmicMonkey · 23/01/2020 19:43

Notice is 8 months.

Yes they run the company and no HR so they make all the decisions relating to contracts

OP posts:
AlwaysCheddar · 23/01/2020 19:45

8 months is too excessive. Get advice from Acas.

HollyBollyBooBoo · 23/01/2020 20:04

8 months! That's insane!! What will happen if you go in 4 weeks? What will they actually do?

CosmicMonkey · 23/01/2020 20:29

I have a pretty senior role which is why it is so long. Spoke to ACAS who said it can only be reduced by mutual consent

OP posts:
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