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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:
Okayornot · 30/07/2024 08:33

One month. They drafted the contract.

TheBizzies · 30/07/2024 08:36

It's a no brainer woman

EBearhug · 30/07/2024 09:04

"I am giving you 1 month's notice, as required by my contract."

ImPunbelievable · 30/07/2024 10:03

I had this with a member of my team, where HR had messed up and never checked she had signed and returned a contract adjustment which changed everyone's notice period from 1 month to 3.

When she resigned she still had to work 3 months and HR were able to demonstrate that she knew it should be 3 months and therefore there was a verbal contract in place.

Babylird22 · 30/07/2024 13:13

Update:-

Thanks all. They've said they're disappointed and sad that I'm going, and while they'd match the salary they can't match the wfh offer.

I said I'd work the one month notice. They've said I have to do 3 months because I signed a variance letter when I became a manager in August. I can't see that I ever received (let alone signed) this when I was promoted, and HR are only able to provide a blank copy and not a signed one. Regardless of that, my new signed contract was signed in September and has a paragraph in it that says it supersedes any prior agreement and now they've gone quiet. So I'm hoping it's all done and dusted.

OP posts:
Purplecatshopaholic · 30/07/2024 13:33

So the most up-to-date, and only signed, contract says 1 month. Slam dunk…

PBandJ111 · 31/07/2024 06:22

So it’s 1 months notice then.

Babylird22 · 31/07/2024 08:09

1 month of "I can't believe you won't do the 3 months when you know that's obviously what we meant" and the upset and disappointed comments.

My MD won't even acknowledge me. Roll on September.

OP posts:
MysteryofNils · 31/07/2024 08:27

Congrats on your new job! Seriously impressive and must give you enormous peace of mind that you can develop your career and not worry about where you might need to move to!

Remember with work it's all about them and not you. Hold your head high and move on

Motnight · 31/07/2024 09:54

Well done Op!

Oblomov24 · 31/07/2024 10:12

"Obviously what we meant" Grin

BecuaseIWantItThatWay · 31/07/2024 10:58

Well done OP 👏

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