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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48758
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a question relating to employment law. My fixed-term

Resolved Question:

Hi, I have a question relating to employment law. My fixed-term contract finishes officially on 26th June 2015, however in the contract it also states that the company will give 4 weeks’ notice before the finishing date to let me know whether the contract will be extended or terminated on the finishing date. So six weeks beforehand (15th May 2015) a colleague in my team approached line management (LM) and asked regarding the outcome of the contract and she was told she’d be informed within the 2 weeks before she went on holiday (anytime from 16th until 22nd May). But nothing happened. She asked them three times. So the LM told her she’d be informed whilst she was on holiday. The 26th May came and went. No information. Now it is the 2nd June and still we have heard nothing. (Meanwhile we are all seeking alternative employment as a contingency plan). So what is our legal position on this situation? Do we have to leave by 26th June, or do we continue until we are told otherwise? Thanks.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

Since 16th July 2014

Expert:  Ben Jones replied 2 years ago.
Hello, the way fixed term contracts work is that if the employer does not issue you with notice of termination as per the contractual terms, the contract would continue to exist on the existing terms until it is terminated. So the end date will continuously be postponed until a time when either you resign or the employer gives you notice of termination.
So in your case you have a contract expiring on 26 June but it also requires a 4 week notice of termination. The employer can give you notice of termination at any time before or after the expiration date and then you still have 4 weeks before the contract ends, even if that takes you past the original fixed end date.
If no notice is given to you and you go beyond the end date then the contract would continue to operate on the same terms until it is terminated. So for example, you could continue working on the contract until August and then the employer could decide to terminate it and they would be obliged to give you 4 weeks’ notice at the time.
It does leave you in a bit of an unknown situation as you just do not know when the contract will end but at least you know that you have 4 weeks’ notice to be advised of that.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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