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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, if I am on an FTC that ends on 31st December 2013, (these

Resolved Question:

Hi, if I am on an FTC that ends on 31st December 2013, (these have been successive contracts since Dec 2009), does my employer have a right to ask me to give three months notice from 1 December 2013, because this is the day my "permanent" status (by law) started? My employer's are now ignoring my contract end date and have said if I want to leave, I must give 3 months notice like all permanent staff at my level. Is this right?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What does your contract way about notice to terminate?
Customer:

Hi Ben,

Customer:

My contract says I must give three months notice if i want to leave before my end date.

Customer:

thanks,

Ben Jones : Hello, sorry I was offline when you replied. If you have met the requirements that make your FTC into a permanent one, then the end date of that contract no longer applies. You are deemed a permanent employee and there is no FTC in place. This means that the fixed date on which it was initially supposed to end no longer exists and neither you nor your employer can rely on it to say that your employment would end on that date. Therefore if either party wanted to terminate the contract they must now adhere to the specific termination clause in the contract and give the contractual notice period that is required of them. In your case this appears to be 3 months.If the employee fails to honour this notice period then technically they will be acting in breach of contract. The employer can then make a claim for breach of contract and seek compensation for damages resulting from that breach. However, such claims are very rarely made. This is mainly due to the costs and time required to do so, plus the uncertainty over the outcome. Whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more probable outcome would be that the employer refuses to provide a reference in the future or if they do, it may mention that the employee had left in breach of contract.<br>I hope this clarifies your position.
Customer:

it certainly does - annoyingly! Thank you for your time!

Customer:

Regards,

Customer:

Marjorie

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