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I've just received a copy of my contract I signed back in April 2018, and it appears that the document was scanned and uploaded but there's pages missing.

The copy of the contract I received from my employer does not contain any details about termination of employment (more specifically, no mention of a notice period). However, I'm pretty sure this would have been included in the original contract.

I have received an offer at another job, and I am wanting to put in my notice at my current employer, but now I'm not sure how to go about this, or if it's even enforcable anymore as it's just hearsay and no evidence. Also, what should I tell my potential new employer?

I'm not sure if it makes any difference, but my old and new employer are based in different countries (current UK, future US).

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    Why not just ask for the missing pages? Dec 5, 2021 at 10:36
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    @PhilipKendall I have requested the missing pages, but I've been informed they're just pulling the templates. Given this signed years ago, which several people joining since then, nobody has any idea whether these "templates" they're sending me are even what was agreed at the time.
    – Sutton
    Dec 5, 2021 at 11:11
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    Why didn't you already have your own copy of the contract? In any case, in my country, if a contract doesn't mention things like this, a legal minimum notice period applies, and I guess the same applies to the UK. Dec 5, 2021 at 11:31
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    In they are unable to produce a signed contract that indicates that statutorily minimum doesn't apply, then the statutorily minimum probably applies. Dec 5, 2021 at 12:15
  • Check with a lawyer or even Citizens Advice, they will get you the correct information - at least more accurate than asking on here.
    – Solar Mike
    Dec 5, 2021 at 18:43

2 Answers 2

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You have already asked once for a copy of your contract and your employer has been unresponsive. Sending you "the templates" is completely meaningless. You can reasonably assume they don't have it. If your employer does not have a copy of your contract then your copy prevails.

If the prevailing contract does not define a notice period then the law of the land takes effect. You should go ahead and give notice according to local law and custom.

If you give notice and then your employer suddenly discovers they have a copy of your contract after all, then you face two issues. One, you may have to serve out the contracted notice period, and two, the question of damages may arise.

If you had simply and carelessly attempted to violate the notice period clause of your contract, then your employer might rightly claim a breach of contract. Of course they can't show any actual losses but they can make you stay.

But if your employer withheld knowledge of the contract and thus kept the clause hidden, you have a cause for damages, since your current employer is tortuously interfering with your relationship with your new employer. They can cure these damages by letting you go.

So it's important to document your demand for a copy of your contract. Does your employer have a HR department? A legal department? In-house counsel? Who is responsible for your employer's legal obligations? Send a request to that person for a copy of your contract. Document this request, for example send it via email or registered mail. Failure to respond to your request demonstrates that your employer does not have a copy of your contract.

Since failure to respond takes time to establish, it's not reasonable to expect you to wait out that time before giving notice. Make your documented demand and then proceed on your own timetable.

As always, a random stranger on the internet cannot be your legal counsel, so you should lay this all out before a solicitor. Or someone at the labor board may be able to give you qualified advice.

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I am wanting to put in my notice at my current employer, but now I'm not sure how to go about this

Just put in the customary notice for your locale (perhaps a trusted colleague can help by looking at their own contract).

Your employer will tell you if you get it wrong and then you can correct it.

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