• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Initial contract expired - no new contract signed

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Initial contract expired - no new contract signed

    I signed a contract of employment with an agency for an initial period of 3 months, which had a 4 week notice period from my side and the agency.

    This period expired and the position continued, until recently, when the employer told me not to return as there was no work.
    The position was terminated 2 days later.

    Does the 4 weeks notice apply to both parties even though the initial contract expired? and no further provision is provided for a notice period where the parties agree to extend the agreement (ie provision of service?)

    I raised this with them - however they replied by saying that it reverts to a one week notice period, when the initial contract has expired. I dont think this can be the case as i have read the T&C and there is no such provision in the contract.

    I want to pursue this, but am not sure whether i have a leg to stand on????

    #2
    Originally posted by Rene4Liv View Post
    I signed a contract of employment with an agency for an initial period of 3 months, which had a 4 week notice period from my side and the agency.

    This period expired and the position continued, until recently, when the employer told me not to return as there was no work.
    The position was terminated 2 days later.

    Does the 4 weeks notice apply to both parties even though the initial contract expired? and no further provision is provided for a notice period where the parties agree to extend the agreement (ie provision of service?)

    I raised this with them - however they replied by saying that it reverts to a one week notice period, when the initial contract has expired. I dont think this can be the case as i have read the T&C and there is no such provision in the contract.

    I want to pursue this, but am not sure whether i have a leg to stand on????
    There is no contract effective at the moment. So no provision needed. Full stop.

    Comment


      #3
      If you continued to turn up to work and they continued to pay you then the original contract terms would still be in force in the abscence of any new contract. So I reckon it's worth pursuing it.

      You talk about employment. If this really was an employment contract rather than a B2B contract then you should be able to use something like employment tribunal to get the money. If it was a B2B contract and there was no Mutuality of Obligation then you've probably had it as they could just give you 4 weeks notice and then tell you there is no work to do in that 4 weeks. The fact they are bandying around a new 1 week notice period sounds like they're on the back foot to me.

      It's definitely worth researching further.

      Comment

      Working...
      X