Notice Period - Fixed Term Contract

[Bujon]

Bare with me, as my saga continues even whilst trying to leave my current role! It is almost laughable.

I was offered a 12 month fixed term contract (with a 6 month probation period). I was informed at month 5 that my contract would actually end after 9 months. I claimed this to be a breach of contract, but they are having none of it and are actually 'looking forward to receiving a letter from my solicitor' Flaming Cheek!

That aside, I have now past my 6 month probation period and am on month 7, however I have now found an alternative job (a 9 month fixed term contract which requires a quick start).
I am fully intending of giving my current employers a 1 week notice and not a day longer, but wish to know how I can phrase, or back this up in my resignation letter?

So I have in effect passed a 6 month probation period, and am left with essentially only a 3 month fixed term contract with a 1 month notice period!!! making my opportunity of finding work pretty impossible without a break in employment, and i'll be damned if I do that.

My contract states "1 week for fixed term contracts of 6 months or less" "1 calendar month for fixed term contracts of more than 6 months" after succesful completion of probation period.

Now I can see a couple of options;
1) having completed 6 months probation, my contract states my employment will be confirmed in writing. I have not recieved this, so thought I could stress "having not recieved any confirmation of succesful completion of probationary period in writing, I am giving you 1 week notice as per my contract"
or
2) simply state that given my fixed term contract has been breached by changing my end date, I have no choice but to seek alternative employment, and as such I present a 1 week notice period.

Any thoughts?

PS although the notice period is written as a month in the contract of employment, it is a blanket contract which doesn't stipulate an early termination clause, but does have a spevified end date, which they are no longer honouring.

[R0b]

Re: Notice Period - Fixed Term Contract

If you are into month 7 and you have not been notified of your successful probation, go for it and give the weeks' notice. If that's the requirement to give you in writing and they so far have not then you have not been given notice of it and so that does not apply until you do so. Get it in quick in case they try to be sneaky and give you notice of successful probation.

[Bujon]

Re: Notice Period - Fixed Term Contract

yes my thoughts entirely!!

I have received verbal confirmed on passing my probation by my line manager, but HR are based London and as yet nothing in writing (and there contract does stipulate that!)

[R0b]

Re: Notice Period - Fixed Term Contract

Well I would certainly get in before they do. The longer it is left the more time they have to send it! Given your circumstances you might realise that they could threaten you with breach of contract, which would be one months' wages less the week you gave notice. But you could defend it on the basis that no notice was received prior to handing yours in.

[Bujon]

Re: Notice Period - Fixed Term Contract

Yes I know under the circumstances they would definitely scream "breach of contract" as they want their cake and to eat it! But if they want to defend themselves under an ambiguous general termination clause over and above a stipulated early termination clause, then I will utilise their poor contract wording (below) on the probationary period to escape!

"at the end of your probationary period your performance and conduct will be reviewed, and if satisfactory, your employment will be confirmed in writing................during the probationary period and proir to you being confirmed in post the notice that we require is one week in writing"