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Original poster

Incorrect notice period in contract

37 replies

Babylird22 · 30/07/2024 06:10

Wondered if anyone has any HR advice or has just been in a similar situation.

As a bit of background, I really really like my job for the most part and was promoted after returning from maternity leave. After I was promoted we went through a legal restructuring where we all got new contracts. I told HR my contract was wrong as they kept me with my old job title. They changed it, but didn't change my notice period from 1 month to 3 which was an oversight on their part I signed it after loads of back and forth on other parts and thought nothing more of it, if anything it could be in my favour if I need to leave, which could be possible due to husband's job.

Fast forward a year or so. My husband is in the military and is being posted 6 hours drive away in Jan. I'm definitely staying here with the kids for the next school year to avoid disrupting school as much as possible, but will likely go with him in a years' time as the kids (and I) will miss him loads.

I've been really open with work that I don't know what I'll do, and they've been honest that they can't accommodate a working from home contract because everyone would want one, but could move me to another office. I'm so sick of doing really well in a role though and having to move when my husband does - it's like starting over again.

Yesterday I was offered a job for the role I did before becoming a manager, but on 10k more than I get as a manager and fully working from home. I'd be mad not to accept, but feel so guilty with how busy work is. That being said, since becoming a manager dynamics in the office have changed and people I thought were my friends have been very jealous and nasty at times because they've been in the company much longer than me and feel my position should have been theirs. I've had doors slammed in my face and been sworn at, and no further action taken as the employee had personal things going on. I don't need that stress when my husband has gone and I'm working full time with the 2 kids on my own.

If it were you, would you work your 1 month contractual notice period, or do the 3 months that you know it should be but isn't because of an oversight? I know the teams wouldn't thank me, but leadership would as it's a shit show atm.

Sorry it's so long, sat in bed feeling sick at the prospect of giving my notice in! 😭🤢

OP posts:
lostpasswordagain · 30/07/2024 06:16

Just do the month, take the new job and reduce your stress tenfold whilst earning more. You are clearly incredibly conscientious but it sounds like your company doesn’t respect you enough to deserve what you have given them. It’s scary making a change but that feeling of guilt is because you’ve dedicated your time and effort and want to be seen as the dedicated worker. They wouldn’t do the same for you and the job will get done without you. I promise you that the relief will outweigh the fear once you hand in your notice.

MrJollyLivesNextDoor · 30/07/2024 06:21

Fully remote and on £10k more - work your contractual (ie 1 month) notice and go!

It's a no brainer

Lampslights · 30/07/2024 06:24

I’d ask management what they want and go with that. Just talk and agree op. Not ask randoms on line.

MrsBennetsPoorNerves · 30/07/2024 06:25

Well, it's up to you. Contractually, you only have to do a month and it's their problem that they didn't put the right notice period.

If you wanted to be generous, you could split the difference and do two months?

But not if that would put your new job at risk!!

Butterbeanbutterbo · 30/07/2024 06:26

Work the month. In my workplace, we often try to shorten a 3 month notice if it’s in the person’s interest (eg they need money and would be earning much more). It sounds like yours isn’t the type of place to do this, but just saying in case it helps ease any guilt; you’re not letting them down really

Catopia · 30/07/2024 06:27

1 month, it's their problem if they cannot get the contractual fundamentals right.
Ultimately, you've made a flexible working request, they've refused it, you've got a better offer. Sounds like there's lots of entitled people who think they can do your job so your employer can deal with that..... honestly, sounds like an unpleasant working environment and I'd get out of there asap.

Motnight · 30/07/2024 06:32

Congratulations on your new job.

Work your month's notice and don't look back!

OdeToBarney · 30/07/2024 06:35

Kindly OP, you are overthinking this! Just do the month and enjoy your new, better paying job!

sunsetsandboardwalks · 30/07/2024 06:37

Stop worrying, hand in your notice, work your last month and go!

You'd be mad to even consider doing anything else.

Shortpoet · 30/07/2024 06:38

One month and don’t worry about it!

If the mistake was the other way e.g. you expected three months notice pay if they were removing your role, but your new contract only said one, what is the likelihood they would honour the three months?

FinallyHere · 30/07/2024 07:03

work your 1 month contractual notice period, or do the 3 months that you know it should be but isn't because of an oversight

Absolutely give the organisation one months notice and then enjoy your new role. Don't give this one a backwards glance.

YankeeDad · 30/07/2024 07:09

If you are 100% sure you will NEVER ask the leadership (of the place you are leaving) for a reference or recommendation, then I guess just work the 1 month.

If you might want a good reference, there may be a way you can have your cake and eat it too:

  1. Prepare your notice in writing, using the 1 month
  2. Ask your leadership (whomever is most senior provided you find them simpatico) for a face to face meeting, during which you hand them your notice and offer to be helpful by making yourself occasionally available, if needed, remotely, for help with the handover, for a month or two beyond the notice period.

If they come back with a rejoinder that it should have been 3 months, smile sweetly and apologetically and tell them you have already committed to the other job, so cannot do more than 1 month, but want to be as helpful as you can, bearing in mind that you also have a young family …

At best they will think you are amazing, at worst they will have to acknowledge you are being more than fair, and in both cases you will get a better reference while also doing the job switch sooner.

BecuaseIWantItThatWay · 30/07/2024 07:26

Please only do your one month notice, it is all that you are contractually obliged to do.

This happened to a friend and they treated her terribly when they realised the mistake (she was also in HR), which just made her very glad she was only doing the one month.

If they want to keep you say for 4 weeks longer, they can pay you for the privilege. I negotiated £5k for a month extra when I was needed past my contractual date. So if you want to stay longer, make it worth your while.

midgetastic · 30/07/2024 07:32

They wouldn't accommodate you
But you want to be nice to them ?

letmeeatinpeace · 30/07/2024 07:45

Could you offer to work 1 month in the office, and the last 2 months (of the 'normal' 3 month notice) remotely? (if you prefer to work remote)

HateThese4Leggedbeasts · 30/07/2024 07:52

1 month. If you were made redundant, I would assume they would apply your contract and not what it supposedly ought to be.

Purplecatshopaholic · 30/07/2024 07:52

If it were the other way round, would they pay you three months because they ‘should’, or one month because that’s what your contract said…

Fupoffyagrasshole · 30/07/2024 07:55

One month for sure - never understand loyalty to jobs like this - they sound like a crap employer and the no working from home thing this day in age is mad tbh - I don’t know anyone who’d accept a job that wasn’t at least hybrid these days

don’t worry about your reference either they just have to say yes you worked there and for how long - they Can’t start making up bad things about you!!

Mamma1456 · 30/07/2024 08:03

Agree with others, it's a business, not family or someone you owe a favour to. If it was the other way around they would follow the contract if it was in their interest. They will forget about you as soon as you go. Just do as a good handover as you can in the month you have and leave on good terms. If they ask you to stay a bit longer then do it if it's in your interest and because you want to.

Mamma1456 · 30/07/2024 08:05

I say this as someone who was sent to work abroad and after ten years and maintaining good relationships with everyone, the company still tried to screw me over and tried get out of paying to bring me back home until I pointed out the law of the country abroad.

JoyousPinkPeer · 30/07/2024 08:11

Purplecatshopaholic · 30/07/2024 07:52

If it were the other way round, would they pay you three months because they ‘should’, or one month because that’s what your contract said…

If it was the other way around the employer would have to give one week's notice for each year of employment, up to 12 weeks maximum - that's the law, unless there is a longer contractual notice period.

roses2 · 30/07/2024 08:12

Do the one month. It's an extra ~£500 in your pocket depending on how much tax you pay if you start the new job 2 months earlier than planned. It's their problem they didn't change it when you asked. If they ask you to stay longer then consider it if you feel like it.

Eastcoastma · 30/07/2024 08:17

My husband had this - he was supposed to be on a 3 month notice period but HR had put 1 month on his contract. His work asked him to do 3 months or until they hired his replacement, he said no and just did the 1 month!

CleftChin · 30/07/2024 08:18

Do the one month. I always think of long notice periods as more to protect the employee than the employer - if I have someone quit then I work with them to get them moved on as quickly as possible, since I don't want to be keeping people around who clearly don't want to be there (and if it's entirely amicable, I'd prefer to let them go a bit early - even if it means paying some gardening leave - so that everyone is feeling as good as they can about it, it means I might be able to get them back in the future!)

opalescented · 30/07/2024 08:26

I've had people in this position. They just do one month. It's not up to you to police what contract they ask you to sign.