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Contract questions
cr1mson
Posts: 933 Forumite
Got a new contract which states my employment is on a 'Part Time Fixed Term Basis' and have a couple of questions:
1) What happens at end of fixed term. Contract states that my 'employment is likely to continue until x' Would I need to give notice if I wanted to leave then? Would they have to give me notice?
which brings me onto question 2 notice
2) Contract states I have to give 4 weeks written notice but under the heading 'The Statutory minimum period of notice the employer has to give you' it just refers to the statutory amounts which basically means a week. So I have to give 4 weeks but they only have to give a week. I am not keen on this but is there anything I can do? Quite happy to do 4 weeks both sides or 1 week both sides but not so uneven.
Thanks in advance.
C
1) What happens at end of fixed term. Contract states that my 'employment is likely to continue until x' Would I need to give notice if I wanted to leave then? Would they have to give me notice?
which brings me onto question 2 notice
2) Contract states I have to give 4 weeks written notice but under the heading 'The Statutory minimum period of notice the employer has to give you' it just refers to the statutory amounts which basically means a week. So I have to give 4 weeks but they only have to give a week. I am not keen on this but is there anything I can do? Quite happy to do 4 weeks both sides or 1 week both sides but not so uneven.
Thanks in advance.
C
0
Comments
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Are you employed, or self-employed?
If employed, what date did you first start working for this employer?I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
zzzLazyDaisy wrote: »Are you employed, or self-employed?
If employed, what date did you first start working for this employer?
Employed and started on 4th Feb. Have worked previously for them Apr-Jun last year but never got a contract until after I left!
Thank you.
C0 -
Employed and started on 4th Feb. Have worked previously for them Apr-Jun last year but never got a contract until after I left!
Thank you.
C
Okay, right the first thing you need to know is that until you have been employed for two yrs (less one week) by this employer, they can dismiss you for any reason, or even no reason at all (provided they don't breach unlawful discrimination legislation, eg race, sex, disability etc). So you might want to choose your battles carefully, if you wish to keep your job.
To answer your question, the notice provisions are lawful. Your choice is to keep working for them in which case you are deemed to have accepted the T&C's. Or refuse to work under the T&C's and leave, in which case you are out of a job (and probably will get your JSA sanctioned). I agree it doesn't seem fair, but that's the way it is.
Re the P/T fixed term. It isn't really a fixed term as the contract says your employment is 'likely' to continue to 'x'. Which means it may not. If either you or the employer wish to terminate the contract before that date, you can do so by giving notice. Even if it does in fact turn out that your employment does end on that date, who ever ends the contract should still give notice because the end date is not sufficiently certain.
Sorry I can't be more positive. Unfortunately this government has made so many changes to employment law (and more to come) that employee's rights have been significantly eroded, especially in the first two years of employment.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Thanks I am tempted to query the notice as am not eligible for JSA anyway and job is for personal satisfaction rather than financial reward.
Am looking for alternative positions that do offer a financial incentive and don't want to miss out due to having to work 4 weeks notice.0
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