silly contract question?

Lexxx

Premier wrote: »

Presumably you don't want to stay with the current employer as you have already agreed alternative employment elsewhere.

What will the current employer do if you don't arrive for work with them on 17th August 2010? Sack you? :cool:

I suggest you inform your current employer (if you've not already done so)that you intend to make your last working day with them the 16th August 2010 so that they know the situation.

My contract is covering someone else who is away for a while.
No i dont want to stay, very stressful job, place and people.

I have been advised that they have no idea what the situation is until my is contract is up, because they dont know what the other person is doing?

I have had an offer of other employment, but its a zero hour contract and i have agreed with new employer that when my contract is up, i will contact them and start ball rolling.

Lexxx

getmore4less wrote: »

When do they normaly put up the new contracts for renewal?...

whenever the contract comes to an end

getmore4less wrote: »

Is this the first/only contract or have you done a couple of years?

yes

getmore4less wrote: »

It would be polite to let them know you will not be renewing but I would wait till offered if there is any benifit by them not renewing.

well i agree, but it would also be polite for them to let me know, but they cant/wont tell me anything

Uncertain

Despite the fact that this is a one year contract, the firm need to give you notice if they don't want to renew it otherwise it just carries on. Presumably this would be four weeks if this is what you have to give them.

During that notice period you would be entitled to time off for interviews etc just as if you were being made redundant.

It is a popular misconception that the contract and employment rights will just come to an end on the stated date if they do nothing.

Obviously if you have actually given them your notice then this hardly matters.

OK, this is not very relevant if you don't want to stay but is worth keeping in mind should you new job fall through for any reason.

When you say 24 days holiday, presumably you get some or all bank holidays in addition to the 24 days? If not then this is illegal as the minimum is 28 days.

Lexxx

Uncertain wrote: »

Despite the fact that this is a one year contract, the firm need to give you notice if they don't want to renew it otherwise it just carries on. Presumably this would be four weeks if this is what you have to give them.

really? they have to give me notice, is this before the 12 months are up or after?

Uncertain wrote: »

During that notice period you would be entitled to time off for interviews etc just as if you were being made redundant.

time off for interviews with pay? They definitely wont like this:p

Uncertain wrote: »

It is a popular misconception that the contract and employment rights will just come to an end on the stated date if they do nothing.

yes i believed this too

Uncertain wrote: »

When you say 24 days holiday, presumably you get some or all bank holidays in addition to the 24 days? If not then this is illegal as the minimum is 28 days.

yes i do get all bank holidays, xmas day boxing day etc

Uncertain

Lexxx wrote: »

really? they have to give me notice, is this before the 12 months are up or after?

If they wanted your employment to finish one year from when it started they would have to give you (in your case) four weeks notice prior to that date. They couldn't get round this by, for example, handing you a year's notice on the day you started! Having a fixed term contract doesn't do away with the need to issue proper notice. You are entitled to assume the job is carrying on if they don't issue notice.

However, if you have already give them notice this becomes academic.

Lexxx

Thank you, for that info uncertain, very helpful.
I was planning on waiting to see what they say, they do not know that i have another job lined up, they dont know what my plans are after that date.
I feel that since they are being very 'vague' with me about what is really going on, I really do not feel the need to be forthcoming with my plans.

They have asked me for a commitment for a period of 12 months and i have agreed to it, what ever i choose to do after that is not really any of their business.

i am assuming that i dont have to give notice that i am leaving when contract is up. i can just leave on the date?

getmore4less

How sure are you about the notice?

If yes, then a few goverment web sites need updating.

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Fixedtermworkers/DG_175138

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073792628&type=RESOURCES

Uncertain

getmore4less wrote: »

How sure are you about the notice?

If yes, then a few goverment web sites need updating.

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Fixedtermworkers/DG_175138

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073792628&type=RESOURCES

I take your point, although neither website is very clear.

My advice was based on very clear instructions I was given by the HR department of a former employer (10,000 plus staff). I was responsible for several people on fixed term contracts. I was actually very surprised that it was necessary to issue notice when the date was specified in their contracts but HR insisted it was and said that there was case law to support it!

This was about three years ago so I may be out of date. Equally it wouldn't be the first thing their HR department got wrong but they were very insistent!

Edit:

I've just looked at their website (can't post a link for confidentiality reasons) and they spell out the technical reasons for this in some detail and are insistent that all departments follow the procedure. The main thrust is that ending a fixed term contract is a dismissal by redundancy and that fixed term employees are entitled to no less favourable treatment to full time staff so the correct procedures have to be followed!

As I say it is possible they are being extra super cautious - or just wrong!

getmore4less

thanks, understand the reasoning there.

Rockporkchop

At my firm if you started on Monday 17/8/09, you would finish up on Friday 13/8/10. The contracts are always Monday to Friday. Seems weird to break into a new week and go in for one day on the 16th.