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Old 05 November 2004, 04:44 PM
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scooby595
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Default Please help with employment contract

i'm looking to change my job, i have a very basic contract that i signed over 2 years ago. The owner of the company has since married so her name has changed i.e but new contract hasn't been drawn up using her married name, also states i have to give 3 months notice unless suitable replacement has been found, i feel that if i hand in my notice it will be continually difficult for me, could anyone help or give any advice on this, it is a very very basic contract.
Thanks in advance.
Old 05 November 2004, 05:40 PM
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idf101
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Default Employment contract

I would consider that the change of name to be irrelevant as i am assuming the contract is with a company as opposed to an individual if this is not the case then it will form a "Tort" of contract and is outside of employment legislation.
Without reading your contract i consider 3 months notice may be unreasonable especially as you have only worked there for two years,again not knowing your job it is difficult to give a firm answer however i would be surprised that as long as you gave reasonable notice of intent (In writing) ie.4 weeks you should not get any comebacks.
Old 06 November 2004, 05:22 PM
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Scoobybert
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Originally Posted by scooby595
i'm looking to change my job, i have a very basic contract that i signed over 2 years ago. The owner of the company has since married so her name has changed i.e but new contract hasn't been drawn up using her married name, also states i have to give 3 months notice unless suitable replacement has been found, i feel that if i hand in my notice it will be continually difficult for me, could anyone help or give any advice on this, it is a very very basic contract.
Thanks in advance.
Take a look at the ACAS site http://www.acas.org.uk/a_z/contracts.html about employment contracts. If contract is too basic, it might be in breach of Employment Rights Act 1996. Although the contract states a three month notice period, this may be reduced if both parties agree a variation on the contract. There is no harm in asking if the notice period can be reduced.

As idf101 states, there may be an element of "unreasonableness" about the notice period depending on the nature of your employment. Give the acas helpline a call as the impartial employment advisers will be able to point you in the right direction.

Ditto about idf101 comments about the name of the employer signatory on the contract. The employment relationship should be with yourself and the employer as opposed to an individual.

Hope this helps. Good luck
Old 06 November 2004, 07:15 PM
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boxst
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Hello

It depends how friendly you are. I had an unbelieveable 6 month notice period, but when I wished to leave I just discussed it and got it down to 6 weeks.

Steve.
Old 06 November 2004, 07:21 PM
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MooseRacer
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6 months - I got made redundant once from a job with A YEAR's notice. Nice payout it was too
Old 06 November 2004, 07:23 PM
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boxst
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Originally Posted by MooseRacer
6 months - I got made redundant once from a job with A YEAR's notice. Nice payout it was too
Hello

I did TRY and get made redundant. Couldn't quite decide whether I could go to the CEO and call him names and that would constitute redundancy. Didn't try it in the end!

Steve.
Old 06 November 2004, 08:51 PM
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scooby595
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Cheers for the replies. It's for my G/F, she's been there 5 years. Spoke to a solicitor via phone yesterday, he reckons (without seeing the contract) that it's 3months no matter. Will try that link though.


Again thanks and will let you know.

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