Fixed term contract coming to end

ohreally

Calleja wrote: »

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.

But your not handing any notice in, your not accepting a further contract when the current fixed term is reached.

TBagpuss

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.

Why not do so now? Sign it, return it with a covering note saying "I realise that I omitted to sing and return the acknowledgment of this letter. I attach it now,. I confirm that I am not seeking a renewal of my contract from 1st September and that my last day will be 31st August as stated."

getmore4less

With 7 years service you are now in counter notice period for end of Aug on your notice from the company.

Get official counter notice it in before they offer a renewal or alternative job they have to respond to avoid redundancy being due.

Edit
That does assume the service was continuous.

TBagpuss

You can of course also speak to your immediate manager, explain that you won't be renewing, for a further fixed term on the old conditions but are willing to remain until [date] to assist with hand over, if they wish.

Calleja

getmore4less wrote: »

With 7 years service you are now in counter notice period for end of Aug on your notice from the company.

Get official counter notice it in before they offer a renewal or alternative job they have to respond to avoid redundancy being due.

Edit
That does assume the service was continuous.

The service is continuous, yes. Apologies, but I'm not really following the rest of your post...but to be clear, I'm not bothered by the redundancy nor do I think I'm entitled to it, I just copied the wording from the letter verbatim.


It seems to me the general consensus is that I could technically leave end of Aug, but before anyone jumps on me again, I don't intend to. I know we will come up with a compromise, I just want to know where I stand before I start the discussions.

Calleja

TBagpuss wrote: »

You can of course also speak to your immediate manager, explain that you won't be renewing, for a further fixed term on the old conditions but are willing to remain until [date] to assist with hand over, if they wish.

THIS is what I plan to do.

Guest101

Calleja wrote: »

The service is continuous, yes. Apologies, but I'm not really following the rest of your post...but to be clear, I'm not bothered by the redundancy nor do I think I'm entitled to it, I just copied the wording from the letter verbatim.


It seems to me the general consensus is that I could technically leave end of Aug, but before anyone jumps on me again, I don't intend to. I know we will come up with a compromise, I just want to know where I stand before I start the discussions.

Why not? It sounds like you would be

Calleja

Guest101 wrote: »

Why not? It sounds like you would be

I know they have further funding for my role, it just hasn't been made official yet. So they aren't making me redundant, I'm choosing not to accept the new contract (this is all assuming the new contract DOES materialize....)


But hey, if they want to give me redundancy, I'll take it!

getmore4less

The issue here is they have kept it quiet,

The non renewal of a contract is a redundancy and after 2 years service that comes with a statutory payment.

they may say they have funding but until they offer a job you are on notice of redundancy and now within the statutory notice period which means you can issue counternotice and they then have to make a case to not to give you redundancy.

if you wait to just turn down the offer then they won't have to pay as you are no longer in a redundancy window

Calleja

getmore4less wrote: »

The issue here is they have kept it quiet,

The non renewal of a contract is a redundancy and after 2 years service that comes with a statutory payment.

they may say they have funding but until they offer a job you are on notice of redundancy and now within the statutory notice period which means you can issue counternotice and they then have to make a case to not to give you redundancy.

if you wait to just turn down the offer then they won't have to pay as you are no longer in a redundancy window

I see.. thank you for the clarification....interesting...!


I still don't have the written offer so I'm not willing to take the risk given that the redundancy payout isn't substantial, but its good to know my options if the offer comes through before the contract - thanks.