Reply to: Early Termination of Fixed Term Contract

[jmegawarne]

Sorry to revive an old thread, but I came to this after researching the same problem, and wanted to offer my experience. However, I am not a lawyer, and so caveat lector.

I have a similar problem in that my client wants to terminate my 12-month fixed-term contract early and offer me permanent work. There is still 8 months left on the contract, and there is a clause in the contract detailing a one-month notice period.

However, after consulting a solicitor, it would seem that such clauses may be too vague to enforce, unless the contract explicitly details the circumstances under which notice can be given. In my particular situation, this problem is compounded by the fact that the client wants me to switch to being permanent, which may constitute a (materially adverse) change in contract terms, rather than a simple termination.

To conclude, I suggest that anyone facing this problem consults a solicitor to obtain advice specific to their individual situation, and catering for the nuances therein. A consultation only costs between £50–100, lasts about thirty minutes, but can secure thousands of pounds of future income.

[Wanderer]

The agency can give me 7 days notice but nothing about me giving notice.

Have a chat to the client about wanting to leave and see what they say - they will probably agree to terminate you if you make it clear that you are going to leave anyway.

[prozak]

If it's a fixed term contract, you're hardly disguised!

haha. Fair point.

[TheFaQQer]

Talk to the agency and tell them you wish to leave.

No one will keep an unhappy disguised employee.

If it's a fixed term contract, you're hardly disguised!

[prozak]

Nice one, thanks for the advice, the face was supposed to be an unhappy face. Still trying to get used to this contract lark after many years in the military, one thing they don't prepare you for.

Talk to the agency and tell them you wish to leave.

No one will keep an unhappy disguised employee.

[scalyback]

Well, you can't give notice then. You have to honour the contract you signed and agreed to.

Was that really hard to understand ?

When you eventually move to another contract, it would be worthwhile reading the contract and trying to imagine what, in a practical sense, the clauses mean for you. After you have done that, if there are any clauses you don't like, you can speak to the agency and tell them you are unwilling to sign the contract. This is by far the best way of doing it.

You could, of course, sign another contract without reading it and start another thread and put a little blue 'angry' face on because someone expects you to honour a contract that you signed of your own free will.

Nice one, thanks for the advice, the face was supposed to be an unhappy face. Still trying to get used to this contract lark after many years in the military, one thing they don't prepare you for.

[TestMangler]

The agency can give me 7 days notice but nothing about me giving notice.

Well, you can't give notice then. You have to honour the contract you signed and agreed to.

Was that really hard to understand ?

When you eventually move to another contract, it would be worthwhile reading the contract and trying to imagine what, in a practical sense, the clauses mean for you. After you have done that, if there are any clauses you don't like, you can speak to the agency and tell them you are unwilling to sign the contract. This is by far the best way of doing it.

You could, of course, sign another contract without reading it and start another thread and put a little blue 'angry' face on because someone expects you to honour a contract that you signed of your own free will.

[scalyback]

What does your 'fixed term contract' say about notice ?

The agency can give me 7 days notice but nothing about me giving notice.

[northernladuk]

I am on a 3 month contract, that is "fixed-term" as per the Direct Gov website after working here a month, can I give 1 weeks notice to leave, or do I have to stay.

I have another role to go to that will no wait the extra 4 weeks as they want me to start in the New Year, my plan was to give notice halfway through December and start the new role.


Any advice gratefully accepted.

Dave

Why are you asking the same question (with different details now!!!) as in the post you started here??? You have half the information we need in that one and next to nothing in this one.

http://forums.contractoruk.com/busin...lp-please.html

[TestMangler]

I am on a 3 month contract, that is "fixed-term" as per the Direct Gov website after working here a month, can I give 1 weeks notice to leave, or do I have to stay.

I have another role to go to that will no wait the extra 4 weeks as they want me to start in the New Year, my plan was to give notice halfway through December and start the new role.


Any advice gratefully accepted.

Dave

What does your 'fixed term contract' say about notice ?

[scalyback]

Similar problem

I am on a 3 month contract, that is "fixed-term" as per the Direct Gov website after working here a month, can I give 1 weeks notice to leave, or do I have to stay.

I have another role to go to that will no wait the extra 4 weeks as they want me to start in the New Year, my plan was to give notice halfway through December and start the new role.


Any advice gratefully accepted.

Dave

[Wanderer]

absolutely no need to ask them 'what abnormal circumstances apply.' This is giving them wriggle space.

Fair comment, they are probably trying it on anyway so cut right to the chase and they can try it on in court.

[SueEllen]

No, no, no, no!

I agree with the gist of your comment but there is absolutely no need to ask them 'what abnormal circumstances apply.' This is giving them wriggle space.

All the OP need do is point out to them the wording in the clause and say 'it's 5 weeks notice, pal so pay up in full or I start legal proceedings.'

Helps if you know what legal proceedings to threaten them with first.

But you are right don't give them wiggle room.

[Zippy]

On reading the original post it seemed clear that your employers owe you 5 weeks wages. Then I read the replies and began to see the anbiguity.
If I were you I would ignore the 'normally' word when demanding your notice pay. If they insist they will not pay, then you need to get them to put in writing what is 'not normal' about this situation. They may just be trying it on.

Best of luck with getting your money.

[MarillionFan]

No, no, no, no!

I agree with the gist of your comment but there is absolutely no need to ask them 'what abnormal circumstances apply.' This is giving them wriggle space.

All the OP need do is point out to them the wording in the clause and say 'it's 5 weeks notice, pal so pay up in full or I start legal proceedings.'

WBBS

To the point. Simple