Employment contracts - binding if not signed?

I've been working for a company for the past 4 years - and now want to move on. When I joined I signed a 1 year probationary contract that asked to give the company 4 weeks notice if I wanted to terminate my employment with them.
After the probationary period I received another contract through the post - with a 3 month notice period and an acknowledgment receipt for me to sign and return to show I agree with the new terms.
For one reason or another I never got around to signing and returning.
I now want to move jobs - do I need to give 4 weeks notice or 12 weeks notice, due the fact that I've continued to work for the company thereby assuming agreement with the new terms.
Additional Details
I did a quick search on my question - and I need to point out that the new contract did not involve a promotion or change of job.

The only thing that did change was an increase in salary which was given due to "a recent performance review".

snetterton

It's 3 months notice. Your continuing to work there means you accepted the conditions in the contract.

Hector S

regardless that you did not sign the contract. By taking your wekkly/monthly wage for so long after the contract was draw up - is as good as signing the contract.

tj n

I would say it's the 12 weeks because once you continued to work you accepted the contract but you could be ignorant and get away with the 4 weeks notice because it was the company's failure not to keep on you and make sure their paper work was in order. Good luck!

Sexy lady

Great Scott

If you got a raise in exchange for the new contract it's binding whether you signed it or not...as you accepted the "consideration" the contract offered.

Tufty Porcupine

You do not have to have signed anything for a contractual change to have taken place. The company can give you notice to amend the details of your contract at any time (essentially they are giving advance notice that they are going to terminate your old contract and issue you with a new one). You could of course reject the new contract - but this would mean making it clear to your employer and making a claim for unfair dismissal. The fact that you continued working means you accepted the change. So yes, you have to give 12 weeks' notice.

(I don't know what technicalities big boss Gem Gem is talking about, but let me assure you that you most certainly do have to give notice to leave your job, or agree with your employer in advance that this is not to be the case. In the UK failure to do so would be breach of contract.)

moho

where I work people normally have to give 2 months notice but that never happens most people only give 2 weeks notice the company is fine with that. ask them if you can work less notice.

Ask M

Well find out what they can do to you if you give two weeks notice, you can always walk out, but make sure you have
another job.

stormydays

Yes you should work the notice if thats what the contract stated even unsigned.

The worst that can happen however is a claim against you for breach of contract.....and that just doesnt happen unless you really do let them down.and your irreplaceable and the company will collaspe when you walk

firebobby

3 months notice does seem a bit excessive, and although you implied your agreement by continuing your employment, I would contaact ACAS for their advice. They are in the phone book.

Aubrey M

On the basis of probability you would have signed the contract.But a technicality exists with you not signing the contract.Get advise from a solicitor,normally the first session is free

joveesasha

Tell them you're leaving and want an out. if they do not agree, tell them you no longer have the same interest and will not be doing the same quality work. Its best they release you from the contract. Now bring the contract to an attorney for a real opinion that counts.

Gem Gem

Technically speaking, you don't need to give any notice - however, if you want to leave on good terms, I would make your manager aware that you are willing to give 3 months notice - never burn your bridges. If you have already got something lined up, give as much notice as you can but stress if you could have, you would have given 3 months.

goddie

i was given 2year oversee training under auspices of a particular government department upon return i was made to sign a further two year contract ploughing back into the department. I just served over 6 months into the post-training contract BUT I got a new permanent job offer in another government department. Can I move on into another new job especially if it is within government sphere while serving this current contract?

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