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FTC Disaster Mk2 - Notice Period - WWYD?

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    FTC Disaster Mk2 - Notice Period - WWYD?

    Long story short, I took a fixed-term contract in January which has gone sour. Project was canned 6 weeks in, 3 different line managers, and it's apparent the area of the business I am in is in disarray. I decided to give notice last week, and was initially told I was subject to a 1 month period. However, I am now told it is a week.

    The specific part of the contract refers:

    Your employment shall automatically come to an end on the Fixed Term End Date unless your employment is extended by <the company> in accordance with other section or otherwise terminated in accordance with this Section prior to that date. After successful completion of your Probationary Period the prior written notice required from you or <the company> to terminate your employment shall be as follows

    12 Weeks or Less - 1 Week
    3 to 12 months - 1 month


    For the avoidance of doubt, reference to the Length of contract refer to the Length of your Contract as at the termination date.

    I am currently in my 8th week and my existing contract is for 6 months. Should my notice period be 1 week or 1 month?

    On the one hand I am eager to exit as I'm currently twiddling my thumbs and want to focus on starting a new contract (not yet started - start date TBC pending DBS, references etc.), but on the other I am minded to hold them to the notice period and kick off with HR about how poorly I've been treated.

    I am probably too emotionally close to this, so looking for some harsh CUK wisdom to help clarify my next steps.
    Last edited by fiisch; 3 March 2021, 17:47.

    #2
    It's really quite clear from what you've shared.

    You've been there 8 weeks. The contract says the notice for 12 weeks or less is 1 week.

    Comment


      #3
      Sorry - should have included the heading about timescale in the table "Length of contract".

      So the 12 weeks or less refers to the length of contract, not length of service. Does this change anything?

      Comment


        #4
        Ah so for contracts of 3 to 12 months, your notice period is 1 month?

        Well it's worth mentioning that they're in breach of contract but have a clear idea of what you want the outcome to be. Do you want to leave within a week and be shot of the place or would you like to hang around for an extra three? Or are you hoping for three week's paid garden leave?

        I wonder if they have misread the contract as being what you posted (length of service not duration of contract)?

        Comment


          #5
          well you need to give 1 weeks notice minimum so work out when you are going to begin and serve notice.

          Then ask your doctor for a sicknote for stress if they are being arsey as being in 2 places at once would be stressful.
          merely at clientco for the entertainment

          Comment


            #6
            Originally posted by ladymuck View Post
            Ah so for contracts of 3 to 12 months, your notice period is 1 month?

            Well it's worth mentioning that they're in breach of contract but have a clear idea of what you want the outcome to be. Do you want to leave within a week and be shot of the place or would you like to hang around for an extra three? Or are you hoping for three week's paid garden leave?

            I wonder if they have misread the contract as being what you posted (length of service not duration of contract)?
            Thanks - three week's garden leave would be lovely, and the fairest outcome in the circumstances, but I doubt that's going to happen.

            Ideally a compromise - 2 more weeks. However, that won't be particularly appealing to the co as not enough time to get any value from me...

            Comment


              #7
              Originally posted by eek View Post
              well you need to give 1 weeks notice minimum so work out when you are going to begin and serve notice.

              Then ask your doctor for a sicknote for stress if they are being arsey as being in 2 places at once would be stressful.
              I gave notice last Friday. Contracts shouldn't overlap as DBS/references are likely to take at least another 2 weeks, but not sure I'd want to risk this as could be in breach of both contracts and end up in all sorts of bother...

              Comment


                #8
                You say you're doing nothing so where is the stress in doing two roles at the same time, enjoy the double income

                Comment


                  #9
                  Your notice period is 1 month, but you could ask for a termination agreement to end it sooner. If there is no work why would they refuse.
                  I'm alright Jack

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