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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74417
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I need to talk about my contract. I live in Suffolk. Non

This answer was rated:

Hello I need to talk about my contract
JA: Where are you? It matters because laws vary by location.
Customer: I live in Suffolk
JA: What steps have you taken so far?
Customer: Non yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I work on American base and I think they have a little different laws
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

It this an employment question?

Customer: replied 1 year ago.
Hello, yes it is an employment question
Customer: replied 1 year ago.
I’m sorry but I can’t talk through the phone as I’m at work now.

That's OK, I will be back shortly

Customer: replied 1 year ago.
Okay thank you

Thanks, ***** ***** would be US employment law. Employment law is outside my area in any event - there are other experts on this site who will be able to help though.

I will therefore opt out to let another expert assist you with your question going forwards. Please do not reply to this message as the question will stay with me and there will be a delay with the reallocation.

Many thanks.

Customer: replied 1 year ago.
This is not under the US law, my employers are british and our contract is under British law.

Hello I am a UK employment lawyer – can you please provide some more details of your circumstances.

Customer: replied 1 year ago.
Hello, my contract finished on 31 st of March this year and we didn’t get the new contracts because of the Covid 19, in my contract I had 4 weeks notice resignation, if the contract have finished do I still have to stay for those 4 weeks notice before leaving the job ?
Customer: replied 1 year ago.
also my manager is telling me that if I will take any day sick I will have to stay longer at work for the amount of those days, is it ligally possible ? Or if I take any day sick I will only have less days of holidays paid

How long have you worked there for?

Customer: replied 1 year ago.
4/5 years

Thank you. Perhaps it would be better for me to see the contract, can you attach it please?

Customer: replied 1 year ago.
File attached (LL6TS7L)

Great, thanks. So when you say that your contract finished on 31 March, how did that happen – was it a fixed term contract?

Customer: replied 1 year ago.
We get a new contract every year on the 1 st of April but this year we didn’t get a new one because our employers didn’t wanted to come to the store because of the coronavirus

Ok thanks. As you appear to be on a fixed term contract, which lasts for a year, if it is not formally renewed or terminated it will just continue on a rolling basis. So if you were the one who wanted to end it you would still be required to give them notice as per the contract. However, it is potentially possible to agree to an early termination with the employer, if they are also agreeable to it.

In terms of sick days, you do not have to work longer in order to cover any days off sick you have taken. Sick days are a legal entitlement and it just means you get sick pay for them but that does not extend your tenure with them.

Does this answer your query?

Customer: replied 1 year ago.
Does it also concerne any sick days ( I mean those taken during the resignation) or only those that I have taken during my contract ?Also, what consequence would I meet if I didn’t stay for the whole month resignation notice ?

Your notice period is just the same as any other period of employment so whether you take sick days before your notice or during it, there is no difference legally

As to the notice period, if there is a written contract in place and it contains a specific notice period clause an employee must give if they wanted to resign, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period they will be acting in breach of contract. Whilst no one can physically force them to work through their notice period, it would instead allow the employer to sue them for compensation for losses/damages resulting from their breach.

In reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. The employer has to show that actual losses have been incurred and often that is not easy to do. The most common damages they would claim for are if they have to engage temporary cover for the employee’s duties and the extra wages they have to pay them or recruitment fees for recruiting a replacement at short notice.

So whilst there is no way of predicting whether the employer will take this any further, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract.

It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. However, if that is not possible and there is a pressing need to leave early, that is still a possibility, subject to the risks identified above.

Does this clarify things a bit more for you?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74417
Experience: Qualified Solicitor
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you very much for your help.

All the best