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Is this breach of contract?

9 replies

twerkit · 01/06/2018 09:34

I'm on a maternity contract until end of summer. They've offered me an extended contract from August-Easter. I've found a permanent position I'd like to apply for starting in September. Would I be in breach of contract?

OP posts:
Buxbaum · 01/06/2018 12:41

Have you signed the extended contract? If not, then presumably you are free to leave at the end of your existing contract. What is the notice period?

twerkit · 01/06/2018 12:59

I've not signed the extended. Ive not been given it I've only been told verbally. There is no notice period for the August deadline.

OP posts:
CuckooCuckooClock · 01/06/2018 18:15

Did you accept the extension when you were offered it?

I was offered an extension to a maternity cover and accepted straight away and we shook on it. I took that to mean we had a contract and neither party could back out.

Buxbaum · 01/06/2018 18:17

If your fixed term contract ends on or before 31 August and you are looking at a perm role which begins on or after 1 September I don’t see how you can be in breach of contract. Am I missing something? Have you accepted the extension verbally?

twerkit · 01/06/2018 19:06

I agreed verbally. So if contract is until Easter can I still hand in my notice to leave at Xmas?

OP posts:
Buxbaum · 01/06/2018 20:10

Assuming that the extended contract has the usual resignation periods then you have until 31 August to resign in order to leave at Christmas.

DumbledoresApprentice · 01/06/2018 21:32

You can resign to leave at Christmas any time before 31st October.

Buxbaum · 01/06/2018 21:38

Oops, sorry - of course. 31 October.

SalveGrumio · 03/06/2018 21:14

A verbal agreement is a binding contract in employment. So yes, technically it is breach of contract. It has nothing to do with signing anything.

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