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quick query re notice period at end of fixed term contract

3 replies

Aussieng · 20/01/2010 16:47

My husband took on a part time job over Christmas on a 12 week contract. The 12 weeks expires mid February. I was quite surprised to see that the job had a 4 week notice period which kicked in after 4 weeks service.

Anway DH was told at the time of taking the job that if all worked out he was likely to be kept on and indeed the company have indicated that a permanent job is there if he wants it. He doesn't since he is now working (self employed) in another capacity and would like to devote all of his time to that. My question is whether he is supposed to give notice or whether he can just rely on the fact that he was employed under a 12 week contract. Obviously either way he needs to speak to his boss, I just want to know if anyone knows whether they can now insist that he is retained for an extra week due to him not having given any formal notice (they are very short staffed and DH has proved to be very reliable and willing to do the rubbish shifts and turn up in the bad weather).

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JustAnotherManicMummy · 20/01/2010 16:50

Without seeing the contract I would think the 4 weeks notice applies if he wishes to leave at any time during the 12 week contract (ie he gives notice on week 7 to finish at week 11 instead of 12).

If your DH does not want to extend the contract then he should tell the company so they can start the recruitment process for someone else if necessary. He does not need to give notice to finish up at the end of the 12 weeks.

flowerybeanbag · 20/01/2010 20:02

Agree the notice period would be to leave before the contract expires.

When you say can he 'rely' on the fact that was employed on a 12 week contract, what do you mean? Presumably he will tell them he doesn't want a permanent contract, rather than just leaving at the end of it. In which case he should let them know as soon as possible so that the company can find someone else.

Aussieng · 22/01/2010 00:44

I meant "rely" as in they could not insist upon a 4 week notice period which would take him outside his 12 week contract. Yes I knew he needed to tell them ASAP (now done and there is indeed no issue about him finishing on the 12 week date) but he had been dithering slightly (with the knowledge of his boss) hence he was only three weeks from the contract expiry date when the issue occurred to me. I was just a bit concerned that the contract was sufficiently ambiguous that they could try to suggest that he had to work a 4 week notice period.

Thanks for the responses.

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