Notice Period During Fixed Term Contract
Discussion
Hello,
If a person is employed on a fixed term contract (12 months) and they have a 3 month notice period, if the employee gives their notice period at start of month 11 would they be obligated to give 3 months notice or 2 months? The person in question was originally taken on a 12 month contract but has already had 2 x 12 months extensions. They are looking for another job trying to determine when they would be available.
The notice period in the contract states "During the probationary period the notice required from either side is one week. Thereafter, the notice to be given by either party is three month’s notice in writing. Any notice to be given should be in writing to the line manager as cited on the front of this contract."
If a person is employed on a fixed term contract (12 months) and they have a 3 month notice period, if the employee gives their notice period at start of month 11 would they be obligated to give 3 months notice or 2 months? The person in question was originally taken on a 12 month contract but has already had 2 x 12 months extensions. They are looking for another job trying to determine when they would be available.
The notice period in the contract states "During the probationary period the notice required from either side is one week. Thereafter, the notice to be given by either party is three month’s notice in writing. Any notice to be given should be in writing to the line manager as cited on the front of this contract."
Tim330 said:
Hello,
If a person is employed on a fixed term contract (12 months) and they have a 3 month notice period, if the employee gives their notice period at start of month 11 would they be obligated to give 3 months notice or 2 months? The person in question was originally taken on a 12 month contract but has already had 2 x 12 months extensions. They are looking for another job trying to determine when they would be available.
The notice period in the contract states "During the probationary period the notice required from either side is one week. Thereafter, the notice to be given by either party is three month’s notice in writing. Any notice to be given should be in writing to the line manager as cited on the front of this contract."
It depends. Does the employee want to be working one month into a new 12 month contract that might arise, or happy to leave at the end of month 12, as previously contracted?If a person is employed on a fixed term contract (12 months) and they have a 3 month notice period, if the employee gives their notice period at start of month 11 would they be obligated to give 3 months notice or 2 months? The person in question was originally taken on a 12 month contract but has already had 2 x 12 months extensions. They are looking for another job trying to determine when they would be available.
The notice period in the contract states "During the probationary period the notice required from either side is one week. Thereafter, the notice to be given by either party is three month’s notice in writing. Any notice to be given should be in writing to the line manager as cited on the front of this contract."
Best the employee discusses with the manager rather than making assumptions.
Tim330 said:
Hello,
If a person is employed on a fixed term contract (12 months) and they have a 3 month notice period, if the employee gives their notice period at start of month 11 would they be obligated to give 3 months notice or 2 months? The person in question was originally taken on a 12 month contract but has already had 2 x 12 months extensions. They are looking for another job trying to determine when they would be available.
The notice period in the contract states "During the probationary period the notice required from either side is one week. Thereafter, the notice to be given by either party is three month’s notice in writing. Any notice to be given should be in writing to the line manager as cited on the front of this contract."
It's very rare (IME) for an Employer to force an employee to work out their notice period if the Employee wasn't keen on doing this. Even so-called "gardening leave" is hard to enforce.If a person is employed on a fixed term contract (12 months) and they have a 3 month notice period, if the employee gives their notice period at start of month 11 would they be obligated to give 3 months notice or 2 months? The person in question was originally taken on a 12 month contract but has already had 2 x 12 months extensions. They are looking for another job trying to determine when they would be available.
The notice period in the contract states "During the probationary period the notice required from either side is one week. Thereafter, the notice to be given by either party is three month’s notice in writing. Any notice to be given should be in writing to the line manager as cited on the front of this contract."
abzmike said:
It depends. Does the employee want to be working one month into a new 12 month contract that might arise, or happy to leave at the end of month 12, as previously contracted?
Best the employee discusses with the manager rather than making assumptions.
The employee doesn't want to be out of work so will likely take an extension if offered. I should add this is for an agency paye FTC not a ltd company contractor.Best the employee discusses with the manager rather than making assumptions.
My advice to them was that if they gave their notice when there are less than 3 months to go in the FTC then they would only be obligated to work to the end of the contract period. Can the employer issue an extension after the employee has given notice so they get the full 3 months notice out of the employee? I suspect not.
Tim330 said:
abzmike said:
It depends. Does the employee want to be working one month into a new 12 month contract that might arise, or happy to leave at the end of month 12, as previously contracted?
Best the employee discusses with the manager rather than making assumptions.
The employee doesn't want to be out of work so will likely take an extension if offered. I should add this is for an agency paye FTC not a ltd company contractor.Best the employee discusses with the manager rather than making assumptions.
My advice to them was that if they gave their notice when there are less than 3 months to go in the FTC then they would only be obligated to work to the end of the contract period. Can the employer issue an extension after the employee has given notice so they get the full 3 months notice out of the employee? I suspect not.
Jasandjules said:
Countdown said:
It's very rare (IME) for an Employer to force an employee to work out their notice period if the Employee wasn't keen on doing this. Even so-called "gardening leave" is hard to enforce.
Why do you say it is "hard" to enforce Garden Leave? For Company XYZ to even know what he is doing and then to be able to prove this contravenes his "gardening leave" AND for this to be financially beneficial for XYZ to do this iin Court s, IMHO, a "long shot". Now I'm sure there are some organisations which will actively pursue former employees and enforce Gardening leave clauses. Equally I am sure there are some employees who had gardening leave clauses in their contracts simply because it was a standard contract clause at their particular grade and it's not worth the company's while enforcing it even if they wanted to.
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