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  1. #1

    Nervous Newbie


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    Question Not renewing contract - do I need to give required notice ?

    Hi,

    I'm currently engaged on a Fixed Term Contract which is due to end in a weeks time, having served the five month contract term. Written in my contract is a Four Week Notice period. I have no intention of renewing and advised the end client of this. I've just been told that they are investigating legally if I can do this without giving them the required notice period.

    After seeking advice, I've been told that the Fixed End Date included in my contract is all the notice required to be given and formed an element of the contract when it was originally signed. This is my first contract with the client and I haven't extended/renewed it at all. As I'm not terminating the contract early and will have seen it through until the end date I do not need to give them the required four weeks notice as outlined in the termination clause and that the original signed contract with this fixed end date fulfils any legal obligation on my part of a notice period, as this was communicated to all parties at the time is was signed.

    Can any helpful members put my mind at rest and confirm that this is definitely the case ?

  2. #2

    Faqqed Off

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    You don't need to give notice - the contract terminates on a given date, and that's the end of it.

    It might be considered polite to tell the client that you aren't going to extend (which you have done), but there is neither a legal nor moral obligation to tell them anything.
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  3. #3

    More fingers than teeth

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    I am trying to think of how to put this in it's simplest terms as it is pretty basic this one.. When you started they gave you an end date 5 months after the start. There is notice that you are going to finish in 5 months. Everyone knows, everyone signed. Why should you give 4 weeks notice to end something that will end in 4 weeks already? Am I missing something here?

    The question you should be asking is SHOULD I be giving some kind of notice of intent to your client i.e. you are available for extension or you will not be taking one. This is not legal or any of that rubbish, just polite business with your client. It would be pretty bad form if they offered you an extension on the last day and you said no. If you are not going to extend it would be polite to just advise them as soon as you can so they can plan ahead. You don't need to and people will argue but a nice thing to do.
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    Nervous Newbie


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    Many thanks.

    I thought that was the case myself. I have given them one weeks notice as a sign of mutual respect - I think my line manager has just got the hump because he assumed I would renew - although I actually had no notice of renewal and have actually been informed that the renewal was actually still unsigned.

    Fortunately I've got a new contract for more money and a better position which I'm due to start a week after this one terminates.

    I just wanted to make sure that when HR come back to him they'll tell him what I suspected - the Fixed Term End date consituted all of the necessary notice required. I didn't have any legal obligation to give them any notice after this date, simply not renew and I'm done.

    Thanks for putting my mind at rest !

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    Quote Originally Posted by MattR View Post
    I just wanted to make sure that when HR come back to him they'll tell him what I suspected - the Fixed Term End date consituted all of the necessary notice required. I didn't have any legal obligation to give them any notice after this date, simply not renew and I'm done.
    Be prepared for HR to get it wrong and tell them that you need to give the notice as stated in the contract

    Try to end on good terms - maybe let them know that they can call you if they need advice for a little bit longer. It's a small world out there, and if you can smooth things over, then do so. (And then change your phone number...)
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  6. #6

    Nervous Newbie


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    Quote Originally Posted by TheFaQQer View Post
    Be prepared for HR to get it wrong and tell them that you need to give the notice as stated in the contract

    Try to end on good terms - maybe let them know that they can call you if they need advice for a little bit longer. It's a small world out there, and if you can smooth things over, then do so. (And then change your phone number...)
    Well .. my contract is actually with the agent, not the client .. and the agent was all good, thanked me for finishing out my contract until the end of its term.

    I'm not too worried if HR get it wrong .. they won't have a legal leg to stand on as I understand it .. and they'd need to go after the agency in the first instance in anycase.

  7. #7

    More fingers than teeth

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    Might just be worth being careful with the term 'fixed term contract'. There seems to be a raft of these permie type ones for new employees but with none of the benefits, often for 2 years. From what I see these tend to be called 'Fixed term contracts' more than our type of contract. Just being pedantic.
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  8. #8

    Contractor Among Contractors


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    As a business practice, I set a calendar appointment for term minus notice minus one week to remind me to send a simple email to the agent and client.

    If it's a contract I like and wouldn't mind being renewed, I simply tell them that my contract ends on (date) and that if I don't hear from them by term date minus notice that I'll assume that they have served me with notice from that point with me finishing the contract on time. It usually gets their attention and a decision made one way or the other, if they have no intention of renewing me then I can at least get hunting for the next role.

    If it's a contract that I'm leaving or have no intention of renewing then I'll send them official notice on term minus notice that I will be leaving on the end date as agreed in the assignment notice and contract.

    I don't have to do either but it's polite and saves any last minute arguments.

  9. #9

    Ddraig Goch


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    End date = end of contract. End of story. NLUK is right. Only thing you have I'd say is common courtesy to say you aint extending which you did di..

    Sounds like client forgot to renew and wants you to and is peed off you found something else. Bollox to them.
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  10. #10

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    Hang on, they were in the process of renewal, and you knew about it. I think it would be reasonable to assume you'd verbally agreed. A verbal agreement is as binding as a written one.

    Just want to point that out. I think the PM has a point. Probably can't do much but I don't see it as cut and dried as it would have been had you not been agreeing to a renewal.
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