Help with notice period - Offer letter conflicts with Contract
+ Reply to Thread
Posts 1 to 7 of 7
  1. #1
    hwi
    hwi is offline

    Nervous Newbie


    Join Date
    Jul 2017
    Posts
    2
    Thanks (Given)
    0
    Thanks (Received)
    0
    Likes (Given)
    0
    Likes (Received)
    0

    Default Help with notice period - Offer letter conflicts with Contract

    Hi there,

    I'm about to hand in my notice from my current job.

    My problem is that the notice period stated in my contract is 3 months. However, the original offer letter states only 1-month.

    When I was signing up with this company, the offer letter was sent to me in a single email with the contract to sign by the employer. The offer letter is also signed by him but not myself. I only returned a signed contract to him without really checking the differences then.

    Please help me if my argument of using 1-month notice can stand.

    Is the offer letter sent together with contract by the employer part of the contract so when they conflict, only the less favourable term to the employer can be used?

    Thanks in advance.

  2. #2

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    33,823
    Thanks (Given)
    141
    Thanks (Received)
    1472
    Likes (Given)
    1783
    Likes (Received)
    6045

    Default

    Which one did you sign? It's that one. Read your contract better next time.

    This is a permanent gig you are resigning from yes?
    Last edited by northernladuk; 10th July 2017 at 16:44.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  3. #3
    hwi
    hwi is offline

    Nervous Newbie


    Join Date
    Jul 2017
    Posts
    2
    Thanks (Given)
    0
    Thanks (Received)
    0
    Likes (Given)
    0
    Likes (Received)
    0

    Default

    Yes, it's a permanent job. I agree that the 3-months notice term in the signed contract should stand but just wondering whether the offer letter sent in a single email with the contract containing the conflicting 1-month term could challenge the contract?

  4. #4

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    33,823
    Thanks (Given)
    141
    Thanks (Received)
    1472
    Likes (Given)
    1783
    Likes (Received)
    6045

    Default

    Dunno but they could just turn round and say you were told before you signed which you can't prove either way. It would make you look like you are just out to have your cake and eat it I would have thought.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  5. #5

    Should post faster

    l35kee's Avatar
    Join Date
    Sep 2016
    Posts
    190
    Thanks (Given)
    0
    Thanks (Received)
    12
    Likes (Given)
    3
    Likes (Received)
    39

    Default

    Do you have a contract lined up already? Just explain to your manager the situation. Maybe they will let you leave earlier than your notice period, especially if you do a good job handing over.

  6. #6
    eek
    eek is online now

    bored now

    eek's Avatar
    Join Date
    Jun 2010
    Location
    😂
    Posts
    22,450
    Thanks (Given)
    246
    Thanks (Received)
    1214
    Likes (Given)
    1047
    Likes (Received)
    3591

    Default

    Quote Originally Posted by northernladuk View Post
    Dunno but they could just turn round and say you were told before you signed which you can't prove either way. It would make you look like you are just out to have your cake and eat it I would have thought.
    Being a permanent job you could probably argue the point that the clear notice period mentioned in the letter overrode what was in the contract. A conversation with HR that began my solicitor was surprised to see the letter contradicted the hidden contract clause may focus their minds...

    I wouldn't be using that argument with a contract role as that is subject to business to business rules where legal advice is deemed to have been sought...
    merely at clientco for the entertainment

  7. #7

    Faqqed Off

    TheFaQQer's Avatar
    Join Date
    Oct 2006
    Posts
    36,150
    Thanks (Given)
    382
    Thanks (Received)
    1287
    Likes (Given)
    3703
    Likes (Received)
    3222

    Default

    The later of the two forms would be the one that takes precedence. Where they are sent together it's the one that you signed and accepted.

    FWIW, you may find that a lawyer advises you that a three month notice period is unreasonable. I'd guess that most companies wouldn't want you to be there unhappy and able to sabotage things for three months.
    Work in the public sector? You can read my FAQ here
    Click here to get 15% off your first year's IPSE membership
    Monday 27th November 1230-1330: IPSE Update on the Autumn Budget for contractors. Register here.

+ Reply to Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Content Relevant URLs by vBSEO 3.6.0 ©2011, Crawlability, Inc.