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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6108
Experience:  10 Years of experience in Employment Law and HR
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Hi, I have given my resignation to my employer 2 weeks ago

Customer Question

Hi, I have given my resignation to my employer 2 weeks ago asking for my notice period to be reduced to 2 months instead of 3. My manager didn't oppose it and 2 weeks later my MD is saying that I have to work the 3 months notice. In the 2 weeks I already told my new employer that I could start in 2 months. Am I obligated to work the 3 months?
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 2 years ago.
Hello and welcome to Just Answer, if you do not work your full notice period you will not be paid for the time you do not work.

Technically you are in breach of contract and this means that theoretically you could be sued for damages arising from the breach. This will only be the case if you leaving early would cause your employer to suffer a financial loss. It is not likely that your employer will suffer a loss unless you are working on a project which cannot be completed or you cannot be replaced and customer orders cannot be filled.

It is extremely unlikely to cause you a problem on the basis of what you have said, especially as it was originally agreed.

If you have any questions please do ask. If I have answered your question I would be grateful if you would give a positive rating.

Thank you and all the best.
Customer: replied 2 years ago.
thanks for your answer, just so I am clear , when I originally said I wanted to reduce my notice period there was no opposition, and only 2 weeks later i am being told that I have to work it. shouldn't they have said something straight away? 2 weeks is a long time to decide that actually they are not happy with reducing the notice period.
Expert:  Jenny McKenzie replied 2 years ago.
Hi yes if they indicated that they did not oppose it and you have acted upon that by accepting your job then you can argue that contractually they have reduced your notice to 2 months.

I think you should state that this is the case. In reality there is nothing they can do if you do go after 2 months.
Jenny McKenzie,
Satisfied Customers: 6108
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 2 other UK Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi, after speaking to HR they don't want to budge and are telling me that since nothing was in writing i had to serve my 3 months notice. is there anything i can say to them on this? I just find it unacceptable that they sat on this for 2 weeks. is there a set time for the employer to come back to me on my request?
Expert:  Jenny McKenzie replied 2 years ago.
Yes you can say that an oral agreement is binding at law so the fact that it is not in writing makes no difference to the fact that that is what was agreed and that you have acted in reliance of that fact.

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