Fixed term contract coming to end

Calleja

Hi,


I have been working for the same company for 7.5 years, always to fixed term contracts of varying periods (my role is subject to external funding). My current contract is due to finish end of Aug 17. My contract has always had a 3 month notice period stipulated. I know that my contract is planned to be renewed, but I still haven't received anything in writing to confirm this.


I have been offered a new job. I don't want to leave my current employer in the lurch but nor do my new employers wish to wait 3 months. Legally, could I just leave at the end of August without giving any notice? Does this change if they issue the new contract in the meantime (but I don't sign it)?


I really don't intend on doing this, I hope we can all reach a sensible agreement, I just want to know what my rights are and whether they can hold me to a notice period that goes beyond the end date of my current contract.


Thanks for any advice!

Guest101

Interesting, I believe if you finish on the day your contract expires there is no obligation to take on more work.


If they issue a new contract, actively refuse to sign it.


Someone may correct me, but that is my understanding (and I'm on FT contract too)

getmore4less

As it is very close you could just let them know you won't be renewing the contract this time...BUT

Check the specific working on termination of the contract and the notice periods very carefully.

Calleja

My contract states the following:
Notice: You are entitled to received, and are required to give, written notice of intention to terminate employment as outlined below:
Termination by (company): You are entitled to not less than three months' notice in writing from(company).
(additional wording re gross misconduct here)
Termination by employee: Employees wishing to provide notice to terminate employment should give three calendar month's written notice to their line manager, with a signed copy to (HR).


I have since received a letter entitled 'commencement of notice period' which states '....I can confirm that if no further funding is secured and we are not notified that you have secured another position with (company), your employment will end on 31st August 2017 due to redundancy.'


I was supposed to sign a copy to say I had received the letter, but have to admit, I never did.


I think this just reinforces my position that I am within my rights to leave end of Aug, correct? Despite the fact I know its just paperwork that is outstanding on the new contract.

Guest101

Calleja wrote: »

My contract states the following:
Notice: You are entitled to received, and are required to give, written notice of intention to terminate employment as outlined below:
Termination by (company): You are entitled to not less than three months' notice in writing from(company).
(additional wording re gross misconduct here)
Termination by employee: Employees wishing to provide notice to terminate employment should give three calendar month's written notice to their line manager, with a signed copy to (HR).


I have since received a letter entitled 'commencement of notice period' which states '....I can confirm that if no further funding is secured and we are not notified that you have secured another position with (company), your employment will end on 31st August 2017 due to redundancy.'


I was supposed to sign a copy to say I had received the letter, but have to admit, I never did.


I think this just reinforces my position that I am within my rights to leave end of Aug, correct? Despite the fact I know its just paperwork that is outstanding on the new contract.

Well it sounds like they will pay you redundancy at least, which can sometimes be a battle when on FT contract

Calleja

Guest101 wrote: »

Well it sounds like they will pay you redundancy at least, which can sometimes be a battle when on FT contract

But I doubt they will offer redundancy if they are offering a new contract?


I guess my main concern is if they offer the new contract before I've managed to hand in my notice - I obviously won't sign it but will I then be bound by the 3 month notice period somehow?

sangie595

You are entitled to leave without renewing the contract yes. But why would you do so without notice. You can tell them now, and at least give them some time. Send in your resignation now. Then you won't have to explain why you haven't told them that you are leaving when they get the reference request! It is never worth starting an argument with an employer when you don't need to - even if you then leave, there are always possibilities for them to get you back! For example, suppose the new employer gets rid of you in a few weeks or months... wouldn't you like your current employer to write you a nice reference? You don't know what the future brings. Talk to them now.

Calleja

sangie595 wrote: »

You are entitled to leave without renewing the contract yes. But why would you do so without notice. You can tell them now, and at least give them some time. Send in your resignation now. Then you won't have to explain why you haven't told them that you are leaving when they get the reference request! It is never worth starting an argument with an employer when you don't need to - even if you then leave, there are always possibilities for them to get you back! For example, suppose the new employer gets rid of you in a few weeks or months... wouldn't you like your current employer to write you a nice reference? You don't know what the future brings. Talk to them now.

Thanks for the advice. As stated in my original post, I certainly don't plan to just leave. I just want to know where I legally stand in case they start insisting on a notice period that they are not legally entitled to. Its the 8th of August and I still don't have any certainty of a job past the 31st Aug, other than a verbal assurance its coming. This has happened with every single one of my contract renewals. So whilst I will of course ensure my colleagues are not left in the lurch, my employers also need to learn that contract renewals are not just another piece of paperwork - people's livelihoods rely on them


EDIT: I currently only have a verbal offer of new employment - I am waiting for the written offer before handing in my notice - I'm not deliberately holding out for the fun of it.

getmore4less

If they have always left it late then they would be mad to not realise you have been looking.

ohreally

I would remain silent on your other job and let the clock tick down on your fixed term. Your not resigning your exercising your option to decline a further contract.

Calleja

Just to be clear, I have absolutely no intention of just not turning up to work on the 1st Sept.


As I understand it, officially, as no further contract has yet been issued, in accordance with the letter I received, I have no further employment beyond 31st Aug.


However, I know that the contract renewal is being processed, it just hasn't been finalized yet. If this is issued before I get an opportunity to hand in my notice, does this in some way make the 3 month notice period enforceable, even if I don't sign the new contract? My gut says no, but I just want to be sure.