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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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There, We've been trying to negotiate a contract renewal

Customer Question

Hi there,
We've been trying to negotiate a contract renewal with an employee but she has chosen not to take up our offer and has verbally told us she wants to resign.
Her fixed term contract expired on April 28th 2015 so she has been working without a contract for three weeks. We had been negotiating a renewal for the last three months.
What notice period do we legally have to provide her?
We are keen for her to now leave immediately but dont want to break the law. She thinks we owe her 6 weeks notice.
I can provide the employees contract for your reference.
Can you advise please.
Many thanks,
Matt
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
When did the fixed term start?
Customer: replied 1 year ago.

Hi,



Commencement Date: April 28th 2014



Terminates on April 28th 2015



The exact wording from the contract is as follows:



Company shall employ the Employee and the Employee shall


serve the Company on the terms of this agreement. The


Appointment shall commence on the Commencement Date


and shall continue, subject to the remaining terms of this


agreement, until it terminates on April 28th 2015 without the need


for notice unless


(a) Previously terminated by either party giving the other not less that


6 weeks notice in writing; or


(b) The Company exercises the option to extend this Appointment by


a further 12 months by no later than 1 month prior to the


termination Date.


2.2 The first three months of the Appointment shall be a probationary


period and the appointment may be terminated during this


period at any time on two week’s prior notice. During the


probationary period the employee’s performance and suitability


for continued employment will be monitored.


2.3 No employment with a previous employer counts towards the


Employee’s period of continuous employment with the


Company.


2.4 The Employee warrants that he/she is entitled to work in the UK


without any additional approvals and will notify the Company


immediately if he ceases to be so entitled during the


Appointment.


2.5 The Employee consents to the transfer of his/her employment


under this agreement to the associated Employer at any time


during the Appointment.

Expert:  Jenny replied 1 year ago.
As the employee is resigning does she intend to work the 6 week notice period, or is she stating you need to pay her?
Customer: replied 1 year ago.

She is suggesting that she works a 6 week notice period.

We do not want her to do this. We tried to negotiate a new contract over the last 3 months but she has refused our offer.

Her contract expires three weeks ago.

m

Expert:  Jenny replied 1 year ago.
why did the contract not terminate in accordance with the end date if discussions have been ongoing?
Customer: replied 1 year ago.

Because she has been working for the three weeks since her contract expired as normal. We wanted her to stay but we werent able to reach agreement on terms. Hence her leaving.

Expert:  Jenny replied 1 year ago.
Ok unfortunately as she has worked beyond the original term and the contract did not expire on the end date you cannot rely on the end date to terminate her contract without notice.
As no express new terms have been agreed it is likely that a court would deem the 6 week notice under the original agreement to apply to the extended employment.
This means that if you do not agree to the 6 weeks notice the employee could, unfortunately claim for the failure to pay notice.
If you do not want her to work the notice period then there is nothing to prevent you from paying her in lieu of notice, but sadly I don't think you will be able to avoid making the payment.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 1 year ago.
Hello is there anything else you would like to know about this as I note you have not yet rated my answer.
I am happy to answer your further questions, otherwise please do remember to rate my answer as I am not otherwise credited for my time. Many thanks.

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