Notice period in a temporary job

Unwell2023

Hi,

Appreciate I’m being selfish but I feel I’m getting ever more stuck in a quiet job, for example on return 2nd January I’d caught up on the ‘Xmas shut down build up’ by 10:30am working alone.  You can’t do cleaning to while the time away as there is already a cleaner on site and I don’t want to start doing 2 jobs for the price of 1 sadly it ended up causing the last role holder stress which is why I now thoroughly get I have a job covering in the first place.

My reason for this thread is after being in the role for a few months as a ‘temporary’ I have suddenly been supplied a physical contract - after careful reading they have changed it to want a month’s notice on a very short term contract and have backdated the contract even - I guess they are allowed to do this with notice change as previously I understood very well the notice period was 1 week. 

I just don’t get the thinking of one month in a temporary role and especially when I’ve had to be tolerant of the company not telling me until last minute previously about extensions to staying on.

Has anyone successfully re negotiated this? or am I kind of faced with telling them I don’t want the job long-term - I don’t want to be disputing when it’s too late.

Like I say I have been as selfish as I’ve knowingly continued in the job/taking extension so far whilst on a wait list for surgery which could take place anytime this year so I feel lost to know what to do but equally now the notice period hold is a big catalyst in making me re-think when it comes to looking for another job. 

General_Grant

Unwell2023 said:

Hi,

Appreciate I’m being selfish but I feel I’m getting ever more stuck in a quiet job, for example on return 2nd January I’d caught up on the ‘Xmas shut down build up’ by 10:30am working alone.  You can’t do cleaning to while the time away as there is already a cleaner on site and I don’t want to start doing 2 jobs for the price of 1 sadly it ended up causing the last role holder stress which is why I now thoroughly get I have a job covering in the first place.

My reason for this thread is after being in the role for a few months as a ‘temporary’ I have suddenly been supplied a physical contract - after careful reading they have changed it to want a month’s notice on a very short term contract and have backdated the contract even - I guess they are allowed to do this with notice change as previously I understood very well the notice period was 1 week. 

I just don’t get the thinking of one month in a temporary role and especially when I’ve had to be tolerant of the company not telling me until last minute previously about extensions to staying on.

Has anyone successfully re negotiated this? or am I kind of faced with telling them I don’t want the job long-term - I don’t want to be disputing when it’s too late.

Like I say I have been as selfish as I’ve knowingly continued in the job/taking extension so far whilst on a wait list for surgery which could take place anytime this year so I feel lost to know what to do but equally now the notice period hold is a big catalyst in making me re-think when it comes to looking for another job. 

First of all - backdating presumably means that your start date of employment reflects your actual start date.  This could be beneficial - they would need to give you notice rather than terminate your employment without any notice.

Does the contract say how much notice they would need to give to you?  It doesn't have to be the same as that expected of you.  Is there a fixed end date stated?

How much notice are you expected to be given in respect of the surgery?

Unwell2023

Aha thank you, yes the notice period is now the same on the employers side as well apparently which is the only decent thing going about the contract and really I'm not believing they will tell me what is going on come end of February if I went by the terms as past experience it has been left until the last possible moment.  I'm just aggrieved there was wages lost at Christmas and I woke up 2nd January really thinking I was out of a job come end of this month to keep having the tables turned and who believes anyone in a temporary job has a month's notice.

I really don't have a clue, I was told I'd go for investigatory surgery (which involves a pre-op) on a semi-urgent basis but I'm unsure what that means given the recent doctors strike which took up a week and I'm really living on a prayer it means later this year given all the trouble of the nhs. I found out you likely can get up and about 24 hours later so I'm hopeful to get over this quick at any rate and keep inconvenience down. 

General_Grant

I think you should plan to take holiday to cover the time off.

All the best for the procedure when that time comes.

Unwell2023

Thank you again.

Unwell2023

It has come out the full month's notice may well be connected to a holiday year end of 31st March and I get this kind of ensures everyone has the time to be off on annual leave. 

As a temp I understand I've virtually little to no rights so what happens in the event I get called up for surgery during very unfortunate timing? (whilst others potentially are off). 

General_Grant

Unwell2023 said:

It has come out the full month's notice may well be connected to a holiday year end of 31st March and I get this kind of ensures everyone has the time to be off on annual leave.   I do not see the connection.  Right now giving a month's notice would take you up to late February.  Staff should be taking their holidays through the year and not all taking it at the end of the holiday year.

As a temp I understand I've virtually little to no rights so what happens in the event I get called up for surgery during very unfortunate timing? (whilst others potentially are off).   Being "a temp" doesn't make that much difference to what rights you have.

Does the written contract you have been given state an end date for this "temp" role?

Unwell2023

Many thanks, yes it has an end date of the 31st March and guidance that the contract shouldn't be relied upon in forming any permanent nature with the employer and reminded that a new holiday year starts 1st April. 

In a search I did on here it came up that someone who was temping was let go from a temporary job due to sickness with out any recourse but I admit that was like a decade ago. 

I asked yesterday and it has become apparent that someone in the team has a longish holiday booked in March so it just gave me rise to think that's why this contract landed and still can't say with any certainty what the outcome looks like, I tried asking if the people who may return will have a phased return. 

General_Grant

Unwell2023 said:

Many thanks, yes it has an end date of the 31st March and guidance that the contract shouldn't be relied upon in forming any permanent nature with the employer and reminded that a new holiday year starts 1st April. 

In a search it came up that someone who was temping was let go from a temporary job due to sickness with out any recourse but I admit that was like a decade ago. 

I asked yesterday and it has become apparent that someone in the team has a longish holiday booked in March so it just gave me rise to think that's why this contract landed and still can't say with any certainty what the outcome looks like, I tried asking if the people who may return will have a phased return. 

If they continued to extend beyond 31 March (without a break of at least a week between periods of employment), then eventually this would become "permanent".  If they are playing against this card, then expect the breaks to occur.

Savvy_Sue

As long as you are employed, you are accruing an entitlement to paid leave - pretty much doesn't matter what kind of contract you are on. 

Given that recent reminder, I would make sure I'd applied to take all my leave up to 31st March, and if that's proving difficult ask if you can carry it forward should you remain employed beyond 1st April. If your contract isn't renewed, you'll have to be paid for any leave you haven't taken. 

Have you been able to take all the leave you accrued in the previous contract, or was this 'paid up' when that one ended - I believe there was a gap? If not, then you work back to when the contract started. 

Unwell2023

Sorry to pop up again.

After thinking it might be quite a wait I got surgery date through. I’d booked annual leave to cover the time but after I’ve been for the pre-op the employer has decided they should cover it - I don’t know it this means it could be bad news from them? in a hope are they softening the blow of news to come.

As it has also come out one of the pair off sick have now formally given their notice in.  (This has been kept back from me and the other temp.)

I did get another job to start in April subject to checks and was going to hand in my notice this week until I heard about the op and this has left me not knowing what to do. My irrational fear was they could not allow the appointment for surgery or think I was going for interviews when all this is happening.

With the short term contract I’m on that sets out a month notice on either side and because we do close for Easter can I expect the temp employer to make a move on the 29th of Feb?