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Do I have to work my notice?

by Work Rights Expert, Rachel Lewis

question
I'm resigning on Monday, to go to a much better job. The only problem is my current contract says I have to give three months notice, and I only want to give one month.

In fact, I never signed the current contract - it was given to me to comment on a year ago, and I verbally said there were some things I didn't agree with, but I never signed. Neither I or my boss ever got round to discussing this contract, and my previous contract says one month notice.

Does anyone know where I stand?
gray77


answer
By law, whether you sign the contract or not, you accepted the job knowing what the company's requirements stated in the contract are. If you'd formerly informed them that you don't agree to some of the policies, even if they ignore you, it's your responsibility to make them address your concerns.

If your contract states a three months notice, signed or not, then you have to give three months notice.

All is not lost however. Normally companies are ok about negociating notice periods. After all, its two months less pay they will have to give you.

Try asking - you never know. But if they say no and you leave anyway after one month, they can take legal action against you (unlikely, but not unheard of). Also it will put the nail in the coffin for any references.

Remember, knowledge is power - find out all you can about the legalities, before deciding what to do.

Good luck in your new job!

Live Q&A on Ask The Expert
Employment lawyer Rachel Lewis advises on your work-related issues

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