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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 55161
Experience:  Qualified Employment Solicitor
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Question of a fixed length contract expiring but

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Question of a fixed length contract expiring but continuation of employment.A person started work Sept 2016 with six months fixed contract but then within Sept 2016 was offered a further fixed term continuing until 31 July 2018. A formal letter signed by all concerned formalising the agreement and extension. The person has continued to be employed beyond the end-date on full salary and with bonus's paid. Notwithstanding that the contract is a fixed-term contract, the prior written notice required is eight weeks notice.Given employment has continued beyond the fixed term without any formal revisions, is the contract still relevant and can the notice period be relied on of eight weeks. Is there any risk that the employment or contract could be terminated sooner by the employer

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Are you the employee in question?

Customer: replied 2 months ago.
My wife, employer is major local firm of some 1000 staff

Thank you. If the original fixed-term contract continued beyond the set end date, then it would have simply continued on a tolling, day-by-day basis, until either side took formal steps to terminate it. Therefore, all original terms and conditions would have continued to apply on an ongoing basis, apart from the term abut the end date, which would have basically no longer be valid and it would have just continued indefinitely until terminated using the contractually-bound notice period. Therefore, yes, the original notice period for termination by either side would still apply, despite the fixed term contract having gone past its initial defined end date.

Does this answer your query?

Customer: replied 2 months ago.
Thank you... just to confirm...Are there any grounds by which they could terminate sooner (other than dismissal)

if there is gross misconduct it could be instant dismissal, otherwise they have to give the required notice period, or at least pay her for it.

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