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Help with notice period - Offer letter conflicts with Contract

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    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
    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; 10 July 2017, 16:44.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      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?

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        #4
        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!!!!

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          #5
          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.

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            #6
            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

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              #7
              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.
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