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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64435
Experience:  Qualified Employment Solicitor
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I am on an FTC contract – started on 1st April 2019 – and

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I am on an FTC contract – started on 1st April 2019 – and due to end at the end of May 2020. The termination clause in my contract states 3 months. Can the company make me redundant and end my FTC early?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm an employee No I don't belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just want to know my rights as an employee - thanks
Customer: replied 2 day ago.
Alternatively, could I confirm to the company that I will end my FTC on 31st May - would this protect me from redundancy/lay offs?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Is that what you are ideally wanting to do?

Customer: replied 2 day ago.
My priority is to protect myself as best I can - with the current climate, I am aware that my company is going to furlough a large proportion of their employees.. however this would not make sense for me, given I'm FTC - there is no role for me to come back to (I was covering maternity - she is due back early May)

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 day ago.
I'm still on hold - is that right?

Many thanks for your patience. I am not the one who accepted your phone call request so cannot comment on why you have been holding for a long period, sorry.

 

Going back to your query, the contract would automatically terminate on the end date of 31 May 2020. There is a requirement to give you 3 months notice of termination but that is only really there in the event they are trying to terminate it earlier than the fixed date. Therefore, if they are looking at terminating you before the end of the fixed term, you can expect 3 months notice. It is questionable whether the 3 month notice would be payable in full if some of it takes you outside of the fixed date the contract would have ended but that is for a court to decide.

 

So yes they can terminate you early but if it happens now, on he basis that it is less than 3 months until the end date, you can expect payment until the end of the fixed term anyway.

 

Does this answer your query?

Customer: replied 1 day ago.
Yes - thank you

All the best