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Notice period over-running end of fixed-term contract

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  • Notice period over-running end of fixed-term contract

    Hi all,

    Last year, I was hired by a FTSE 100 company as a full-time employee, on exactly the same terms as anyone else EXCEPT that my contract was for a fixed period of 12 months (from 4th December 2017 - 3rd December 2018 inclusive).

    Following the successful completion of my probationary period, my notice period went up from 1 month to 3 months.

    Now I was recently contacted by a former boss who is involved in a really exciting start-up. He wants me on board but is really reluctant to wait until January (which it would be if I gave 3 months notice today).

    My current boss has made noises about confirming me in post from 4th December 2018 but nothing in writing and I haven't accepted, even verbally.

    So my question is: albeit that the end of my current contract is less than 3 months away, would I be in breach if I turned round tomorrow and said "Sorry, I've decided not to continue beyond the period of my fixed-term contract" ?

    Purely a legal question - I'm well aware of the moral dilemma, thank you...

    Tags: None

  • #2
    If you are on a fixed contract and your contract ends on the 3rd December you shouldn't have an issue telling the company you intend to finish at the end of the fixed contract period and won't be back on the 4th. Notice doesn't come into it as the contract comes to an end then in any event and it's less than 3 months away. Obviously, it's nice to give them notice if they're assuming you'll continue but I don't think there is a requirement to although if your current boss does put anything in action regarding renewing the contract for a further year you would need to decline.

    Here - https://www.gov.uk/fixed-term-contra...dterm-contract


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    • #3
      Thanks - I thought that would be the case. Now to go and wrestle with the moral dilemma over the weekend !!


      • #4
        Amethyst is correct.

        The three months would be applicable if for any reason you had wanted to give notice between the end of your probationary period and prior to 3 months before the of the fixed term period. As you have the indication they want to extend but they have not done so formally yet and this is something that you would not want to accept, then to avoid this situation, I would let then know in writing that you are planning to leave at the end of the current fixed term.
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