Notice period

[jc1988]

I am a team manager with 14 years service, but I've been offered a new job, I know there was a document floating about with the change in notice period to 13 weeks. I won't be able to give that and feel like it's very unreasonable. Can anyone confirm if it's a contractual change or is it just a Tesco process change and they can't hold me to it? Thanks

[oldfashionedplayer]

to me, its highly unreasonable, most just up and go anyhow, i doubt that they'd go for a breach of contract since it'd cost them far more chasing you to court when its not a "high job / full of secrets" position, I'd be saying you were given a choice of the job or no job if you worked your full notice period and you needed to progress in your career so accepted the position elsewhere and that you can work some notice period as a reasonable compromise, given how Tesco wants the best for everyone. 

[londoner83]

Legally I can't see any court forcing you as a team manager to attend work for 13 weeks notice. You clearly wouldn't want to be there and most if not all of us, would be far less productive if we knew we were leaving soon.....so its a lose/lose situation.

 Long notice periods are normally reserved for professionals with trade secrets other companies may want to steal, or for positions that are really difficult to recruit. Without causing offence to any Team Managers you could recruit someone off the street tomorrow and they would get the basics of the role within a week.

Just speak to your manager and agree a date that suits you both.

[lucgeo]

There are two types of legal obligation relating to the giving of notice – statutory and contractual.

Statutory – these obligations relate to the duration of the notice that must be given in order for either party to terminate the employment relationship. These only apply once the employee has been continuously employed for at least one month and are as follows: a minimum of one week's notice must be given by the employee; and a minimum of between one and twelve weeks' notice (depending upon the length of the employee's service) must be given by the employer.

Contractual - the remaining legal obligations relating to notice are those (if any) set out in the contract of employment, whether verbal or written. In the absence of either a contract of employment or a term in a contract setting out the duration of notice to be given, a tribunal or court will imply an obligation that the employer must give the employee 'reasonable notice' of termination. It is important to note that this may be greater than the statutory minimum notice requirements. In considering what reasonable notice is, a tribunal/court will take into account factors such as:
custom and practice as to the length of notice typically given to employees within the industry the employer operates in;
the duration of notice given by the employer in the past to employees in similar positions; and
the employee's length of service and seniority.

I would look at your last SIGNED contract to see if there is any mention of length of notice? If you haven't signed a new contract which relates to this change of notice period, then you aren't bound by it, as you've never agreed to it.

With no disrespect toward yourself or your position, I'd think it extremely unlikely this would cover a team manager, especially as there's so many signed off people waiting in the wings.

Check the policies online, it could be that the employer's (Tesco) obligation has increased from 12 to 13 weeks obligation for notice of termination to employees.

[FarmerFred]

lucego - not signing a contract does not necessarily nullify the new terms - continuing to work once those new provisions start can be treated as implied acceptance unless the employee can prove that they either were not made aware of the change or provided a formal refusal to accept the provision.

[biggerpicture]

Put a lifestyle break request in, then hand your notice in.

[lucgeo]

@FarmerFred

Yes but any change in T&C's must produce a new contract of employment. It is the obligation of the employer to officially notify their employees and have that contract amended and signed by the employee.

By not officially notifying employees of changes in their T&C's,failing to properly inform their employees of any changes, and failing to secure a signature on their new contract, would prove difficult to enforce any changes.

The OP states they think there was a "document floating about" concerning changes in notification periods?

[FarmerFred]

It would be relatively easy for Tesco to provide evidence that the change of terms had been communicated & difficult for the employee to prove otherwise. Failing to secure a signature doesn't make a contract unenforceable.

https://www.acas.org.uk/changing-an-employment-contract/advice-for-employees/if-your-employer-introduces-a-contract-change-without-your-agreement#:~:text=Even%20if%20you%20do%20not,in%20a%20letter%20or%20email

[lucgeo]

Aye I agree...but they have to have been informed of them to agree in the first place.

They can't work under protest if they haven't been consulted on the changes to make a protest against them.

The OP gives the impression that a document may or may not have had changes on it, but they weren't brought to the attention of anyone to whom it might affect?

[oldfashionedplayer]

When changes to a colleagues contract happen, they should be informed, if they don't sign the contract they are still agreeing to abide by the contract if they are still working, you don't just get to go "I never signed so it doesn't apply", you've continued to work so your already agreeing with it and if you don't like it your told leave. 

[filling-machine]

The increase in notice was linked to the new bonus scheme, and "your participation in the bonus plan will be treated as acceptance of the changes to your contract". If you're leaving now then you won't be participating in the bonus plan, so surely the changes to your contract don't apply(??) Unless they're planning on sending leavers a part year, pro rata bonus next year...........

[filling-machine]

Aye I agree...but they have to have been informed of them to agree in the first place.

They can't work under protest if they haven't been consulted on the changes to make a protest against them.

The OP gives the impression that a document may or may not have had changes on it, but they weren't brought to the attention of anyone to whom it might affect?

Managers were sent a letter regarding the new bonus plan and the contractual changes linked to it.