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PLEASE HELP! Change in notice period

14 replies

SpongebobNoPants · 06/01/2021 12:26

I’ve been with my current employer for 15 months and my contract states I have to give 4 weeks notice to terminate my employment and my employer also has to give me 4 weeks notice if they wish to get rid of me.

I’m due to start a new job on 6th April which I am yet to make my current employer aware of.

My boss has sent around an email this morning to my team saying that they are bringing our notice period inline with senior staff and making it 3 months notice. I have not signed or agreed to this.

My problem is, if I refuse to sign they will know I’m leaving anyway and therefore I will be forced to hand my notice in. To give them 3 months notice I would have had to issue it yesterday.

But if I hand my notice now without signing the 3 months notice contract then I’m concerned they may say “we accept your 4 weeks notice now” as that’s all they’re obliged to pay me and could be unreasonable about it and get rid of me sooner.

So what do I do?
Should I ignore the email until it’s brought up again and they force the issue, at which point I hand my notice in? Hopefully reducing the risk of me being unemployed for 2 months... they may not bring it up again for a week or two.

Or do I say no, my last day of employment will be 5th April (a bank holiday Monday which they’ll have to pay me for too by the way).

Any advice welcome

OP posts:
EuroTrashed · 06/01/2021 12:29

Is there a clause in your employment contract that allows the employer to make unilateral changes, or was this change negotiated and agreed by a union on your behalf?
If not, employer can't do it and your notice period remains at 4 weeks.

insancerre · 06/01/2021 12:31

I’d tell them now and give a longer period of notice

SpongebobNoPants · 06/01/2021 12:33

@insancerre but if I do that they could say I need to go in 4 weeks time, which would leave me unemployed for 2 months.

OP posts:
WoWsers16 · 06/01/2021 12:36

Can't you just give them the 3 months notice now? As if it was 3 months yesterday and you are def leaving then it's only a day and they may just let that go?

SpongebobNoPants · 06/01/2021 12:37

@EuroTrashed not part of a union. This is a decision that has been unilaterally made by senior management.
I don’t think they can enforce the change, however how to do I refuse without making it obvious I intend to leave? They could then give me 4 week’s notice to terminate my employment.

I feel like I’m over a barrel

OP posts:
AdamDriversApple · 06/01/2021 12:39

Do not for the love of god brush this under the carpet until they bring it up again. Just hand your notice in today and get it over with.

SpongebobNoPants · 06/01/2021 12:40

@WoWsers16 my concern is if I give the 3 months notice now they’ll enforce it or deduct it from my pay.
I also signed an “education contract” as they have paid my professional fees for chartered body.
I will need my accrued holiday payment upon leaving to break even in my last pay as they’ll deduct my professional body fees.

OP posts:
SpongebobNoPants · 06/01/2021 12:41

@AdamDriversApple I can’t, because I can’t give 3 months notice as it has already passed

OP posts:
unmarkedbythat · 06/01/2021 12:41

Honestly, I'd sign it and give three month's notice. Will you have any annual leave to take? If so, can you arrange to take it at the end of the three months so you'll be free to start with the new employer?

SpongebobNoPants · 06/01/2021 12:45

Urgh. I’ll sign it and give them 3 months notice but I’ll book the 5th & 6th as holiday before I do so they can’t mess up my new start date.

I’m dreading it, they’re going to make my life he’ll for the next 3 months Sad

OP posts:
BikeRunSki · 06/01/2021 12:45

Surely there has to be a staff consultation on changing your terms and conditions?

If not, resign today and work out your 3 months notice?

SpongebobNoPants · 06/01/2021 14:24

@BikeRunSki I’ve done just that.
I’ve just spoken to my manager who was very lovely about it all actually.

OP posts:
BikeRunSki · 06/01/2021 14:44

I hope it all goes well for you @SpongebobNoPants. Relieved to hear that your boss was lovely about it!

Good luck with your new job.

Aprilx · 06/01/2021 17:02

[quote SpongebobNoPants]@insancerre but if I do that they could say I need to go in 4 weeks time, which would leave me unemployed for 2 months.[/quote]
Sign the contract then resign. Then they can’t give you four weeks notice as notice periods work both ways and you are going to be on three months notice after signing.

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