Fix Term Contract- Notice Period

GabriellaLH · 26 January 2020 at 2:29PM

Hi,
I have read something similar on here but it was from near 10 years ago so I'm just wanting to double check.
I 'was' on a fix term contract for 1 year which 'ended' on the 6the Jan 2020 but informally this has been extended (I have been dismissed)
But I have a brilliant job offer with a start date of 4 weeks from now which I have accepted but I am worried about my notice period for my currently job now.
I am probably overthinking everything like I normally do.
So my contract has ended so I know I am on an implied one and stated in that contract it's a 4 week notice period, but if I hand that in tomorrow will they accept it and still pay me for them 4 weeks (that I plan to work) or can they dismiss me as my contract has ended. (I need the months pay I cant manage without it)

Undervalued · 26 January 2020 at 2:49PM

GabriellaLH wrote: »

Hi,
I have read something similar on here but it was from near 10 years ago so I'm just wanting to double check.
I 'was' on a fix term contract for 1 year which 'ended' on the 6the Jan 2020 but informally this has been extended (I have been dismissed)
But I have a brilliant job offer with a start date of 4 weeks from now which I have accepted but I am worried about my notice period for my currently job now.
I am probably overthinking everything like I normally do.
So my contract has ended so I know I am on an implied one and stated in that contract it's a 4 week notice period, but if I hand that in tomorrow will they accept it and still pay me for them 4 weeks (that I plan to work) or can they dismiss me as my contract has ended. (I need the months pay I cant manage without it)

The can dismiss you by giving what is called counter notice. How much would depend on what notice they had to give you in the previous contract (assuming it could be argued that has carried over). That could be different from the amount of notice you have to give them, it doesn't have to be equal.

So, if they only have you give you a week's notice (that is the statutory minimum unless the contract requires more) then yes, they could respond to you giving them 4 weeks notice by saying "no, here's a week's notice so you leave then)!

That is not to say they will do that, after all they are employing you presumably to do work that needs doing and it will take longer than a week to find somebody else.

GabriellaLH · 26 January 2020 at 3:15PM

Thank you for this, so there is a possibility they might dismiss me after a week?
Am I under legal agreement to give the 4 weeks notice?
What should I do?

Undervalued · 26 January 2020 at 3:43PM

GabriellaLH wrote: »

Thank you for this, so there is a possibility they might dismiss me after a week?

If either the old contract hasn't carried then yes, it is possible. Equally, if it has carried over but only required them to give you a week's notice then it is also possible.

Am I under legal agreement to give the 4 weeks notice?

Only if your old contract has carried over or if they could argue you have agreed to a new contract that requires 4 weeks notice. Otherwise the legal default applies, which is only one week.

What should I do?

See above.

Check your old contract to see how much notice they had to give you. If it was also four weeks then there is no problem, unless they could argue there was a break in your employment and you are now on a different contract.

Fix Term Contract- Notice Period

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