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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a 60 working day contract which has a 60 working day

Resolved Question:

I have a 60 working day contract which has a 60 working day notice period. If I don't wish to renew my contract at the end of the 60 working days. Would I legally still have to work the notice period as an additional term? Even if I'm not giving notice. I'm just not renewing the contract.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you have the specific wording of the notice clause?
Customer: replied 1 year ago.

``Termination: Either party may terminate this Agreement on 60 Working days written notice to the other party. The Client is not liable to the Contractor for any costs or loss of profit as a result of the termination. Should the Contractor terminate this agreement, the Contractor agrees that it becomes liable for costs associated with recruitment of a suitable replacement to provide the services undertaken by the Contractor under this agreement. The Contractor’s liability under this clause will be £10,000.00 if the Contractor fails to work the full notice period.''

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
When a specific notice period exists to terminate an agreement you must serve that notice before you are allowed to end the contract. So even if the contract was initially for a fixed period of time you must still serve that notice period and it could mean that the end date is extended to allow for the notice period to expire. You cannot assume that because the contract's initial term has come to an end that you are released from it and all obligations under it. You still have a specific notice clause to serve if you wanted to terminate the agreement and must adhere to that. So even if you are just days away from the fixed end date of the contract, if you wanted to end the contractyou must serve the notice period which means you could be asked to work duringnthat notice period. Of course you could try and comemto a mutual agreement with the other party to end the contract sooner but to do this you would require their consent. You have nothing to lose by asking them to do this.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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