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Offer letter notice period disputed by employer

The employer wants me to stay more indicating that it is usual practice for people at my level

Hello

So both parties signed the offer letter, that had 3 months notice. Then the employee resigned and gave 3 months notice. Now the employer indicated that it does not accept the notice, as at that level the notice based on other people contracts is more and should expect also that person to stay more.

Does the employer have the right to do this?

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19th Feb 2018 08:27

First of all, what does your contract of employment say? You should go by that. If there is no contract of employment then you could state that you are taking the offer letter as your contract and as it's the only written statement you have, you are going by that. If they wanted to alter the terms, it's incumbent on them to go through a consultation with you and do it properly.
Ultimately, it could mean you walking out particularly if you have another job but it would be nice for you to agree your leave date together. This is a sensible approach if you are looking for a reference.
I would recommend that any dealings on this smatter be conducted civilly and with respect.

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By fekish
19th Feb 2018 18:36

Thanks,

Would they have the right to say that other people at this position have more notice and thus it is expected for myself to have more notice as this is just an offer letter and nothing binding?

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to fekish
20th Feb 2018 08:05

I'm not sure 'right' would be the correct word. They could state their position but you should politely state, in writing,that you only accepted the role on the basis that you have been informed by your offer letter and have been unaware of any other conditions. Then state that you will be proceeding with the 3 month notice.
If they don't accept it then you have 2 options, stay and work the additional notice or walk. That's up to you but I'm assuming that you want a good reference.

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By fekish
20th Feb 2018 08:48

Thank you once more,

i have already discussed extremely politely, and have made it clear that i am following the offer letter given to myself. I have accepted another job offer, thus i cannot stay more than that period.
But they are insisting that i should stay until June, and that i do not have a contract in order to have 3 months notice, but i should be expected to stay as per what other similar people in this position have as notice, i.e. 6 months. They even indicated that they could take me to court.
I am upset in that this could ruin the relationship i will have with my future employer...

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to fekish
20th Feb 2018 10:02

I am assuming that you are working in the UK, is that right? Can you tell me if you have a contract and what that says? If you don't have a contract, (which is unlawful in the UK), how could they take you to court. They could only claim breach of contract if you have a contract.
If you do have a contract and they are trying to enforce an aspect that isn't covered, you could equally sue them for breach of contract. Without a contract they cannot enforce anything unless they can prove you have been specifically informed before you resigned.
Another option might be mediation and you might want to contact ACAS about that.

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