Fixed term contract expired but still working

InsideInsurance

Contracts dont require to be written nor signed. If you have been working under the terms of a contract and continue to work after the end date of that contract you will be on an implied contract which will follow the same terms as the original.

Would you think its ok for them not to pay you for your work done this month just because you dont have a signed contract?

Obviously when you were applying for jobs and they asked "when are you available?" you were saying "I have a 4 week notice period but believe this will be negotiable", everyone says the same thing other than adjusting "4" for the appropriate number. In which case the company that has said "ASAP" will be aware that at worst case its 4 weeks away.

PlutoinCapricorn

TELLIT01 wrote: »

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.

I agree with this.

How much work is there at the moment and is it increasing or decreasing? The holiday season is sometimes busier, sometimes a time when things wind down and many people are away anyway. Do you think they could spread the work out until the person you are covering for comes back?

They know that you have been looking, and perhaps have contingency plans in case you get something.

Beatrix85

InsideInsurance wrote: »

Would you think its ok for them not to pay you for your work done this month just because you dont have a signed contract?

Um...no? I would assume that getting paid for work done is a statutory right. Giving four weeks notice is not a statutory issue it is a contractual one. One week is the statutory amount.

Anyway, I think if I handed everything over properly they could cope by delegating until 2nd January. I have been told it gets a lot quieter in December. Surely if they wanted me to finish just before Xmas (the other woman is supposedly now coming back after Xmas) and the 4 weeks notice is binding.....they would be handing my my 4 weeks notice in around 1-2 weeks anyway?

This has never been mentioned, not at all....everyone just carrying on as normal. 4 weeks written noticed has never been uttered and I honestly dont think my line manager would have thought about it. More likely just told me a couple of weeks before Xmas not to come back, verbally. And I would have accepted it before reading this thread! I'm just surmising though, I dont know for a fact that they havent got my notice ready to hand over by 25/11. I really do doubt it though.

I spoke to my manager today and was honest about the fact that I have a written job offer to start on 24/11 and I really do need to take the job if possible. I apologised for the short notice and assured her that I would hand everything over / do over time in my last week to put contingencies in place.

To be honest, she was fairly taken aback and said she needed time to think about it. I did say "I realise that I will probably bet getting finished in the next few weeks and really cannot afford to refuse this job, if there is anyway around this". I stated that I was unsure what notice i was meant to give as I am a temp, and she basically said she was not sure either..... She also know that I being treated for anxiety and stress, which is mostly down to money worries and my partner being out of work. Im sure it is clear that I am trying to be helpful and amicable, that I need the new job and that I will be getting finished by the current company very soon anyway....

I have not heard anything more from my manager today, but I am aware that really need to hand in my notice tomorrow if I have any chance here. I will get it prepared, and try and speak with my manager amicably again before I hand it in. Hopefully she will see the situation I am in and forgo 3 weeks work from me.

Another_not_new_user

Beatrix85 wrote: »

Um...no? I would assume that getting paid for work done is a statutory right. Giving four weeks notice is not a statutory issue it is a contractual one. One week is the statutory amount.

Anyway, I think if I handed everything over properly they could cope by delegating until 2nd January. I have been told it gets a lot quieter in December. Surely if they wanted me to finish just before Xmas (the other woman is supposedly now coming back after Xmas) and the 4 weeks notice is binding.....they would be handing my my 4 weeks notice in around 1-2 weeks anyway?

This has never been mentioned, not at all....everyone just carrying on as normal. 4 weeks written noticed has never been uttered and I honestly dont think my line manager would have thought about it. More likely just told me a couple of weeks before Xmas not to come back, verbally. And I would have accepted it before reading this thread! I'm just surmising though, I dont know for a fact that they havent got my notice ready to hand over by 25/11. I really do doubt it though.

I spoke to my manager today and was honest about the fact that I have a written job offer to start on 24/11 and I really do need to take the job if possible. I apologised for the short notice and assured her that I would hand everything over / do over time in my last week to put contingencies in place.

To be honest, she was fairly taken aback and said she needed time to think about it. I did say "I realise that I will probably bet getting finished in the next few weeks and really cannot afford to refuse this job, if there is anyway around this". I stated that I was unsure what notice i was meant to give as I am a temp, and she basically said she was not sure either..... She also know that I being treated for anxiety and stress, which is mostly down to money worries and my partner being out of work. Im sure it is clear that I am trying to be helpful and amicable, that I need the new job and that I will be getting finished by the current company very soon anyway....

I have not heard anything more from my manager today, but I am aware that really need to hand in my notice tomorrow if I have any chance here. I will get it prepared, and try and speak with my manager amicably again before I hand it in. Hopefully she will see the situation I am in and forgo 3 weeks work from me.

You seriously aren't listening to anything anyone tells you that doesn't accord with your own opinion, are you? Contractual terms ALWAYS override statutory ones if they are better (which yours are) - they cannot be less but they can be more.


Don't even try the disability card. It won't work. YOU are the one asking for a favour. Stop looking for reasons why your employer owes you one. They don't.


And honestly - you didn't hand in your notice today? Why not? You have a FOUR WEEK notice period and you just added a day!

PlutoinCapricorn

"Anyway, I think if I handed everything over properly they could cope by delegating until 2nd January. I have been told it gets a lot quieter in December."

This sounds encouraging: you could offer to prepare handover notes. I do hope that they let you go in time for the training on 24th.

TBagpuss

Hand in your notice.

In the mean time, speak to your new employer - would it be possible for you to attend the training on 24th and then start full time in 15th Dec, if necessary?

If so, would it be possible to take 24th as a day's holiday from your current job, if they want you to work your full notice?