Notice period - can they do anything?

[NeverHadABetterBitOfButter]

Have namechanged for this

I used to work at my company and left. When I worked the first time I had a long notice period (6 months). 2 years later they offered me another role and I came back with a 3 months notice period. They then promoted me and I got an offer letter but no new contract and in the offer letter, it mentioned no changes to the contract other than what was in the offer letter. In the interview for the promotion, they mentioned they would move my notice period back to 6 months but that wasn't in the offer letter. I pointed this out to them but they never bothered to correct it.

I've now worked there for another few years. I have now resigned and given my last day as 3 months away as per my notice period in my contract. I have another role (though they don't know that) and it starts in 3 months time.

Work have gone absolutely mental and said no way can I quote a 3 months notice period and that I knew it was 6 months and I'm being 'morally bankrupt'. I said it's what is in my contract.

Obviously I don't want to burn bridges but the last 12 months have been hell there (change in management and it's just been dreadful) and if I could leave tomorrow I would.

I don't think they can try and say I have 6 months if it's not written even if that was the intention?

If the contract was not updated then your current employer can do nothing about not having a 6 month notice period.

Is it likely that they will bad mouth in your industry and if they did would it matter long term?

contact ACAS for legal advice and mediation, tell work you’re contacting ACAS and will inform them when you’ve heard back, they can obviously do the same

You're correct and it won't be worth their time fighting you on it, so hold your ground. It might be a tough 3 months if they hold a grudge over it, but better than sticking it out for 6 months or losing the new job altogether as they want someone sooner, so yep just point out that it doesn't state a 6 month notice period anywhere in writing.

6 months is an incredibly long notice period and very unusual.

They can't make you do six months if the contract says three. It's their own error and they're trying to guilt you because they fucked up.

Also, they're stupid to even try because even if they ground you down and you relented - who wants an employee who is disengaged, demotivated and almost certainly feeling bitter for months on end? It makes no sense for anyone...they're obvs shit people managers if they can't see this obvious fact.

I've been in this exact position. Fully the fault of the company for not amending your contract. If the shoe was on the other foot they wouldn't hesitate to only pay you 3 months worth of redundancy pay etc because that's what the contract says.

Leave in 3 months, nothing at all they can do except ask really nicely for you to do the additional 3 as a courtesy. You may like to point out that their conversations with you to date, including branding you morally bankrupt, do not inspire you to do them any favours.

Thanks all, that's encouraging

Yes they are absolutely dreadful managers. I can't wait to leave!