Employment Contract Error - can I use it to my advantage?

Chrussell2

I'm not sure if this goes here or not - Firstly I should point out that I hate my job and the people I work for are cowboys!

I am I've been offered an amazing new job and they want me to start at the beginning of feb. As I am still on my probation period with my current employer with the belief that I only have to give them 1 weeks notice. I was, however, wrong and it turns out that they can give me 1 weeks notice but I think I have to give them 1 month - I would like to give them 2 weeks.

In my contract this i covered under clause 2. 2(a) says basically my notice period is 1 month. 2(b) says that whilst under my probation period the organisation can give me 1 weeks notice, but that I am required to give the notice as set out in clause 2.1. This is the key part - there is no 2.1, they are talking about 2(a).

My hope is that when I give them two weeks notice (which signals the end of a current project) they will go "yeah he doesn't want to work here, so we don't want him here" and let me know rather than making me work the full months notice.

However, if not, I'm hoping I can claim that element of the contract is void because there is no clause 2.1,

Can anyone offer any advice? - I guess I could just get them to sack me gross misconduct!

MouseTail

Just give them 2 weeks notice, no need to call on drafting errors or commit gross misconduct. Just say your new job is starting Feb, really sorry, but you can only give 2 weeks. Your on probation, so not there long, there wont be any drama.

Chrussell2

Cheers Mouse Tail - I'll take your advice.

It would be very like me to look for the most extreme way to get out of it!