Employment contract validity?

[drkev]

My current employer gave me a 1 year contract. I worked for them for around 3 months then had to relocate and so resigned.

They decided to keep me on, but offered for me to work from home, doing a different role, which I accepted. They then withdrew the resignation.

I asked for a new contract (as my duties had changed) but never got one.

Now, I have been offered a new job and they are keen for me to start ASAP. My old contract stated I must give 1 month's notice. As far as I'm concerned my old contract isnt valid as it covers my old role. I consider myself to be working without a contract at present.

I want to resign, and give 2 weeks notice (as I've been there between 6-12 months). Can they argue I'm still covered by the old contract - even if my role has changed?

 

[LazyLion]

The law will look upon it as what were the terms of the new verbal contract? In the absence of anything to the contrary it is most likely that the same terms carried over from the previous contract which you had already agreed to.

If you NEVER had a contract, that would be different, but since there was a prior one which you agreed to, the terms of the new verbal contract can be inferred from that prior one.

 

[drkev]

Ok that makes sense.

I reckon I will ask nicely for two weeks and see what they say

 

[DJ...]

Your contract doesn't necessarily, nor does it have to, cover the specifics of your roles and responsibilities, but rather the relationship with your employer. AFAIK the contract is still valid if you change roles...

 

[ToxicBunny]

Contract is still entirely valid.

You will need to give notice as per the contract, or BCOE, whichever is the longer period.

 

[Glammy]

Ok that makes sense.

I reckon I will ask nicely for two weeks and see what they say

That would be my advice, just go speak to them about your situation and see what they say, they may be very accomodationg and willing help you you.