Help me quickly! please!

tawecdl

Hi. I have posted before regarding this situation but it's a lot worse now.

Basically I was employed in Aug07 for a fixed term of 3 months.

in December it was extended a further 3 months to march.

I have been offered a new job I want to take, but my current boss is saying my notice period is a month. Where do I stand? This was the case when I started my employment, the 2nd 3 month period is over and I want to leave but on good terms.

What can I do?

fengirl_2

If your notice period is a month and you can't negotiate your way out of it, then you are stuck with it. Suppose your employer wanted to get rid of you without a month's notice, you wouldn't be very happy.

tawecdl

I'm pretty sure they could do that? wow, it's a shame really. I'm actually hampered by having a job.

sue-y

Speak to the person offering you the new job. As this is common practise your prospective employer should be willing to wait - unless you've already told them otherwise?

Just leaving your current job without serving your current terms of your contract would not be advisable. Good references are invaluable.

Sunny2

Have I missed something? You are/were working on a fixed term contract of 3 months. The first 3 months expired in December and the second 3 months expired in March. Unless you had a further contract, why do you have to serve any notice? Surely the contract has finished? Or do you have a new rolling contract, with a month each way? If you don't have a further contract, I would give 2 weeks notice / handover period, which under the circumstances is more than fair.

tawecdl

That was my feeling also. If anyone can quote from somewhere where I actually stand it would be hugely appreciated.

fengirl_2

Contracts have to be formally terminated - even if they are described as 'fixed term'. Adding the words fixed term to a job doesn't mean that all normal employment rules and regs can be ignored.

tawecdl

So if it's fixed for a week. you work a month. Rules and regs are the same although no written or verbal agreement to extend the cantract has been made?

I'm asking because I've been offered a job. Thay need someone asap and a week is pushing it for them. I've told them I can't accept because of the month now but for future referance how am I going to get a job while I'm in a 1 month notice period job?

cazziebo

Legally you only have to give a week

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073792628

However, Sue is right and you never know when a good reference might be useful. Can you negotiate with your current employer?

fengirl_2

Although employment law states you only have to give a week if you have been employed for less than a year, this is over-ruled by your contract (which can be verbal).

tawecdl

There is no negotiation whatsoever.

fengirl, has my contract not expired due to the fixed term period expiring?