Employment Lawyers Can Answer Your Employment Law Questions
I want to know if they can now send me a FTC when I signed a contract with no end date in September,
Sorry , not actually sure as not received the new contract yet. told it will be about 10 days.
is the original contract which I signed not legally binding?
Whilst you could argue that the original contract is binding, from a legal point of view that may not change much because the employer is able to terminate that contract legally and then re-employ you on a new contract. This is because you are not protected against unfair dismissal until you have at least 2 years continuous service with the company. So technically they could have given you a permanent contract with no end date, then after several month decided that they do not want you on a permanent contract. terminate that contract by giving you the notice specified under it and then re-employ you on the new contract, which could be a fixed term one.
however, no notice has been given to terminate the contract, merely told me my new fixed term contract is in the post. I knew going into this it was intended to be a 6 month FTC but they issued an incorrect contract, does the fact that it was an error on their part , which they haven't attempted to correct until now
mean they now have to give me notice and terminate my contract
or are they within their rights to just issue a new contract on a FTC
What is the notice due?
before 6 months it was 1 week - after 6 months is 1 month - I passed 6 months on 16th march
they should give you the notice under the contract to terminate but it won't change much for you if the new contract had the same terms, such as for pay and benefits because it would simply mean that you continue in the job for another month, enjoying the same terms, with the only difference that for the month you would be working under a 'permanent' contract rather than a fixed term one
I take it there wouldn't be any difference to my tenure. that would go from the date I started regardless?
your continuous service with the company?
no, that would be continuous from the initial date you started with the comoany as there has been no break
ok thanks for the advice Ben
You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:
am I missing something, the face isn't letting me select it. do I need to close this chat first?
I think it's a known technical issue, you can just type your rating instead and we can process it later, thanks
ok thanks - well apart from the technical issues - which aren't you're fault, I thought you're advice was excellent, thanks
Many thanks, XXXXX XXXXX best