djuk

In March 2003 I was offered employment at a company which for the moment we will call Company A. I accepted the offer and signed a contract of employment detailing my duties, notice period, etc etc. Now in July 2003 Company A was aquired by a company we will call Company B. All ran as normal up until January 2004 when company B also aquired Company C which was a direct competitor to Company A, performing exactly the same service as Company A, and to be honest doing it in a much more efficient and profitable way than Company A.

So, Company B decided that it would be more cost effective to simply merge Company A and Company C and migrate a number of existing staff to the Company C offices some 20 miles away. Unfortunately there were not enough positions for all of the employees of Company A and so some of them were offered an alternative position in Company C doing a different Job, myself included. Now to be honest the work at Company C is not what it was described to be in any way shape and form, there is no workload or challenge and the job is basically a dead donkey.

Anyway, on joining Company C (bearing in mind they are the parent company of Company A) I signed a new contract which is a new agreement between me and Company C. The “notice period” section of the contract reads exactly as follows:

“ Your employment with us will start with a probation period of 3 months in which time either party may terminate the agreement by giving 1 weeks notice in writing. After this period your employment will continue until either party gives to the other notice in writing in accordance with clause 3.2 ”

That contract was signed at the beginning of January so obviously we are still well within the stated 3 month probation period.

Now on discovering that the role was not exactly what it was made out to be in terms of workload (i.e its absolutely dead and very boring) I have looked to seek alternative employment and have been offered a new job at another company.

However, my direct superior seems to think that as my employment was effectively continuous I still have to give a months notice whereas I am arguing that a new contract of employment was signed this month and if they required me to give a months notice that should have been stated in the contract.

Can anyone in the know advise? I’m fairly confident of my position as in my eyes its fairly black and white but would appreciate a second opinion.

Cheers

D

richs2891

The way you have described it / I've read it, you have been given a new contract which as I understand classes you as a new employee of this new formed company, which makes the previous contract null and void - unless they specifically state that its a continuation / addition to your exsiting.

Do you need a referance from this company, if not then just gove them the weeks notice period and leave.
Could be your boss just trying it on

Richard