Fixed term contract expired but still working

Beatrix85

Hi there,

Im confused about exactly where I stand in my current role and and am looking for a bit of advice please.

I was employed in my current role on a 6 month fixed term contract to cover maternity leave. The contract started on 1st April this year and I was originally told I would be employed for 6 months, at which point the other lady would return to work and I would be finished. This was acceptable to me at the time and I assumed that towards the end of the 6 months I would start looking for something else.

So my fixed term contract ended on 1st October. A few weeks before this my line manager stated, informally, that the lady I am covering for has decided to delay coming back for a few extra weeks and would I be ok to stay on - I agreed as I had not found anything else at this point. Nothing was signed, the contract was not extended, it was just an informal verbal chat between my line manager and I.

I was then asked during the last few weeks the same thing - the lady I am covering for has now decided to delay coming back until after Xmas, and would I mind staying on a bit longer. Again I explained that I was looking for permanent work but had not found anything yet. Again, this was just verbal, no set end date was agreed or further contracts signed.

Within the last couple of weeks I have been for a couple of interviews for permanent jobs - my line manager knows about these - and today I was offered one of them to start asap. It pays more than my current temp job, and is permanent.....how can I refuse?! Id love to take the job. They have asked me if I could start on 24/11 as they have 2 more employees starting on this date and a trainer booked to coach us for the first few days of employment (classroom based training). I have a written job offer from this new company that I received via email today.

Essentially before I speak to my line manager in my temp role tomorrow, Id like to know where I stand from a contractual point of view. Whilst my time in my current role has been enjoyable and I dont want to drop them in it (and will do my best to tie up loose ends and hand things over to my manager) I am keen to give a few days notice only.

Ideally I would like to finish on the 20th or 21st of Nov. In the fixed term contract (that I signed up for initially) it states that I have to give 4 weeks notice if I want to leave..Im assuming that I would only have to give this during the dates stated on that contract (1st April - 1st Oct ) ? Im really hoping that now the contract has expired, the terms set out in it no longer apply....and that I have no obligatory notice period.

My manager knows I have been looking for jobs but will not be expecting me to need to "get out" so soon...it's just the way it has turned out. I feel as though I have been fairly good to the company by agreeing to stay on with no formal contract renewal / end date agreed. It is a huge, FTSE 100 company....so please dont think Im thinking about screwing over a little company that wont be able to cope!

Any insight appreciated, thanks

Takeaway_Addict

I would say that officially the 4 weeks still stands as you carried on with all other terms after the fixed term.

Realistically you could just tell them the notice is X and see if they sure you for breach of contract, its unlikely but has happened in the past and they would have to mitigate their losses.

You could also just bluff it and say you thought it only counted during the fixed notice and you staying on was based on statutory terms (1 weeks notice) as you were doing them a favour....

Beatrix85

I am torn between 1. playing dumb and just "assuming" that statutory notice is enough....and 2. grovelling and pulling on my manager's heart strings and hoping that she will agree to it amicably.

Until I spoke to a friend about this today I was convinced I had no formal notice period and that my fixed term contract was over. I mean, what would they have done if I had refused to stay on after 6 months?

Another_not_new_user

The terms of your contract stand. I wouldn't suggest bluffing it. Have an honest conversation and explain that your new employer would like you to start on this date. Many employers would be ok about it. But in the end you haven't been "fairly good" staying on without a contract because you did have one (everyone does, written or not), and they paid you. Which is why you stayed on - because they were paying you to. It is always best to leave on good terms because you might meet them again when you want something!


And have a look if you are owed any holiday - that can be taken during notice to reduce the time you need to work anyway.

Another_not_new_user

Beatrix85 wrote: »

I mean, what would they have done if I had refused to stay on after 6 months?

They would have stopped paying you and got someone else to do the work. Don't overplay your hand here.

Beatrix85

Another_not_new_user wrote: »

The terms of your contract stand.

But the conditions attached to the fixed term contract have expired, no? Were those conditions not "fixed term" also? Sorry, I really dont know how it works... they know I have been looking for permanent work. And they have given me no real information about when the other woman is returning.

Thanks

Beatrix85

Basically, financially I cannot risk missing out on a permanent better paid job to suit a temporary one.... I am hoping that if I stress that the start date of the new job was a surprise to me also, and immovable, that they will be ok with it.

TELLIT01

I would simply tell your current employer that you have been offered a new, permanent job and you have to start on 24/11 because that's when the new company will be running their training from.
You have already been more than helpful to your current employer although you acknowledge it was also beneficial to you. They should understand that you have to take this opportunity. If they aren't understanding they aren't as nice as you thought they were.
Either way I would be leaving in time to start the new job. Your first priority has to be what is best for you.

Another_not_new_user

Beatrix85 wrote: »

But the conditions attached to the fixed term contract have expired, no?

Answer - no they haven't. These are your terms.


I am sorry but you appear to be under the impression that working for someone is a favour, and that you only owe them that favour until something better comes along. The only "favours" here will be if your employer agrees to allow you to reduce your notice period to what is less than half of your notice. You seem to be unaware that, whilst it is not something that happens frequently, employers may well be able to sue people who leave their employment without proper notice. The one asking for favours here is you. If the situation were reversed, I assume that you would have been expecting your employer to give you proper notice or pay for that notice - or would you have been willing to do them a favour and not insist on being paid what you are due?


Many employers will certainly be flexible given the circumstances, yes. But going in on the basis that they "owe you" because you have been good to them isn't likely to produce the results you want.

ShadowPuma

You continued working for them so the terms stand as per the fixed contract.

Don't get defensive but just mention that you'd like your last day to be (X date). See how they respond.

KiKi

Beatrix85 wrote: »

But the conditions attached to the fixed term contract have expired, no? Were those conditions not "fixed term" also?

No. If all the terms of the contract expired then they would have stopped paying you as well, which is a term of the contract!!

It's great that you stayed on - but if you hadn't, they would have found someone else. You stayed on, and so the contract just continues until someone gives notice.

Don't play dumb, because they can simply put you straight. Be nice, ask your manager for her help on this one. If you have leave to take, then use that as well.

If you leave and don't come into work, then they can take you to court for the cost of replacing you in the meantime, although in reality that rarely happens.

HTH
KiKi