To think I'm entitled to a notice period???

[ItchyArmpit]

Just received my new contract of employment. I have worked for this employer for the past 2 years and I get a new contract every year.

Unlike previous contracts, this contract states that because the funding for my job is external, not from the employer, the contact can be terminated without the need for notice, should the funding be withdrawn (don't want to give too much detail, but yes, the possibility of the funding being withdrawn at no notice does exist).

"It is a condition of this Agreement that the [I've redacted my job title] accepts that her employment is subject to termination upon the funding for her post being withdrawn."

Do they have a leg to stand on? The CAB website seems to say that, bearing in mind I'm paid monthly, one month would be reasonable notice.

Unfortunately, my "career" is a dog's dinner at the moment (mental health issues have utterly screwed me over) and I may well be reliant on my employer's goodwill in the future. I feel trapped, and now, very very insecure. Advice appreciated.

This link from ACAS tells you you should be entitled to a minimum of 2 weeks notice whatever your contract says. It's a week for every year you've worked.

What does your current contract say? Ask them how much notice they'd receive of a cessation of funding.

Speak to ACAS. There is a possibility you may also be entitled to redundancy as you have been there two years - despite the fact you are on a temporary contract.

ACAS are the experts.

Your contracts sound like they would be TUPE'd over anyway. You are entitled to the statutory minimum notice period or your contractual notice period, whichever is more favourable to you as the employee. If your employer goes into insolvency, then you would rank highly as a creditor for unpaid wages. Loss of funding is not the same as insolvency of an employer.

Thank you for such swift replies

Am I correct in thinking that I can sign this rubbish contract without actually losing any legal rights, should funding cease? That the contract wouldn't count for anything if it's asking me to sign away legal rights?

I think its possible that elements of it may be unenforceable.

You may have to go to an Employment Tribunal to enforce any rights though.

Are you in a union? If not, join one - fast.
You will get advice and support.

I'm pretty sure the law overrides any illegal wording in a contract, but I'm not sure how much help you would get if you went to work one day and were told you were no longer needed. Would you be willing to fight them, potentially in court, for unfair dismissal?

I would join a union quick-sharp. If you're already a member, take it up with your representative - you shouldn't be signing contracts like that.

I work in higher education, and my position is externally funded. If the funding were withdrawn or further funding couldn't be found for me after the initial time period specified, I would be at risk of redundancy, and I would still be entitled to the usual notice/consultation periods that go along with that. Your role is funded by an external source, that does not make them your employer, or absolve your employer of any responsibilities for you. In your position I'd be inclined to have a chat with your union, if you're a member of one, or ACAS.

Join a union, sharpish. You have 3 months ticking on the contract before it is deemed accepted.

I'm in a union :) My employer doesn't 'recognise' the existence of unions, but they can't stop me seeking advice.

I've sent a brief email saying that as clauses x, y and z don't appear to be legal the contract will need to be rewritten.

Their move...

You have 3 months ticking on the contract before it is deemed accepted.

A contract cannot dismiss your rights under employment law, which include notice and, after 2 years, redundancy pay.