How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cityguru Your Own Question
cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13329
Experience:  Senior lawyer with 30 years experience
Type Your Employment Law Question Here...
cityguru is online now

My temporary contract of employment requires that I must give

Customer Question

My temporary contract of employment requires that I must give one months notice yet the employer is only required to give me 2 weeks notice. I am totally under-utilised in this role with no possibility of the situation changing and I would therefore like to move on. However the one month notice requirement is a major obstacle and I have had to turn down offers of alternative work as they required more immediate start dates.
Is the one month notice period legally binding given that it is not reciprocal?
Submitted: 4 years ago.
Category: Employment Law
Expert:  cityguru replied 4 years ago.
Hi can you explain what you mean by a temporary contract. Temporary contracts are usually fixed duration or short term. It is very unusual for the employer to have to give less notice than the employee.
Customer: replied 4 years ago.

Initially the contract was short term for 6 months. The contract has subsequently been extended a couple of times. I am now 3 months into a 12 month extension. Where I work the employer differentiates between fixed term contractors and non permanent labour contractors. I fall into the latter category as I work through a preferred agency.

Expert:  cityguru replied 4 years ago.
If you are contracting through an agency then you are not directly employed by the "employer" presumably but employed by the agency? Strictly the on month is enforceable - whilst it is unusual there is nothing to prevent there being an odd notice provision. In reality there is usually very little they can do about if you refuse to give the full notice although it can effect any reference but if you contract through an agency presumably the agent will not be happy about it either. the other point is that if the "employer pays through the agent, they might withhold remuneration if there is a breach of contract which they could not do if you were an employee direct.

IT may be that you should just give notice and then look for other roles.