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Employment Contract Help (9 posts / 2,350 views)
Clobersauraus Clobersauraus
Posts: 799
Post #1 19 Jun 2021 21:48
0
Hi Chaps,

I hope you can help me out here...

In simple terms back in 2010 i was offered a better paid job, and handed in my notice, which at the current time was only required to be 4 weeks.... My MD then offered me a pay rise and other incentives to stay, but also included a 3 month notice to leave time scale on both sides...i accepted the terms which were written and formed an admendment to my contract,and all was well....

Then in 2017 the company went through some ownership changes and a new written contract was offered to all employees, which states that 4 weeks notice was required to be provided, again i signed the contract..... does this new contract supersede any previous agreements and amendments...

The reason i ask is i have again been offered a better paid job with better prospects, but they cant afford to wait 3 months, so they job offer may be withdrawn if this is the case.....

There are other items which make this complicated, but the 4 week / 3 month notice thing is my main concern...

I am of the opinion that i now only need to pride 4 weeks notice, as the new contract supersedes the old one and any amendments that have been previously agreed.

Thanks for your help.
braders1978 braders1978
Posts: 18,195
Post #2 19 Jun 2021 22:18
0
In reply to Post #1
Yes the new contract with the 4 week notice period is the one you will be obliged to fulfil.I had a similar situation years ago,if you speak to your present employer they might even allow you to leave earlier if you are on good terms with them.
Clobersauraus Clobersauraus
Posts: 799
Post #3 19 Jun 2021 22:24
0
In reply to Post #2
Thanks Bradders....there is no way they will let me go before the 4 week, a nuclear bomb will be going off when i hand my notice in, as this is going to leave my current employer in a big hole, i have asked my new boss for 6 weeks to give my current employer time to find someone to replace me and me time to get them up to speed.....

But if they start being awkward i will just give them the 4 weeks required by my contract..I'm currently reading all terms looking for the statement this supersedes all previous agreements / contracts but it doesn't appear to be in it......

Thanks Again
braders1978 braders1978
Posts: 18,195
Post #4 19 Jun 2021 23:32
0
In reply to Post #3
Good luck with it all,your current employer might offer you more money and better prospects if they want to keep you
scozza
Posts: 18,421
Post #5 20 Jun 2021 10:36
0
In reply to Post #2
Interesting reading Braders. Cannot say I have been held to task with contracts in the past but I am in a 3 month contract and I will be interested to see how that pans out when I hand my notice in. If my new employer tells me it's a month then that's what it has got to be. It will be interesting to see how it goes and if they can hold you to 3 months legally?
mjs2302
Posts: 101
Post #6 26 Jun 2021 20:35
0
In reply to Post #5
Your latest contract takes precedent.
They can only legally try to enforce whatever is your contractual notice. However, not many/if any employers are going to waste resources (cash) trying to enforce a contractual notice period anyway.
member member
Posts: 5
Post #7 22 Jul 2021 15:11
0
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Leeroyjenkins Leeroyjenkins
Posts: 3,955
Post #8 22 Jul 2021 15:24
0
In reply to Post #7
Massive truck with flashy lights too. Good point.
JimM
Posts: 220
Post #10 28 Sep 2021 09:37
0
I agree with mjs, if you've got a later contract that states 4 weeks then 4 weeks it is.

To be honest there's pretty much bugger all they can do even if it was 3 months and you left after 4 weeks anyway.
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