is a minimum period of 6 months contract a fixed term contract? notice period?

[DesmondTutu]

Contract Wording

9. PERIOD OF NOTICE

YOUR CONTRACT WILL BE FOR A MINIMUM PERIOD OF 6 MONTHS . Thereafter the minimum period of notice required to be given by either party is 10 weeks.

[Amethyst]

Seems to say it's a minimum of 6 months, not restricted to 6 months. So you can't leave in the first 6 months at all, and after 6 months have to give 10 weeks notice. Presumably if you wanted to leave on the 6 month date you'd have to give notice 10 weeks before.

Do you want to give a bit more info ?

[DesmondTutu]

Hi there i gave them 10 weeks notice on Monday to say I wanted to leave on January 14th apprantky I can’t do this and I am in breach of contract? Can you advise

[Amethyst]

When did you start?

[DesmondTutu]

My minimum term would end on 2nd January 2019, they are saying I cannot leave till untill 13 March 2019.

[Amethyst]

Okay explains why you want it to be a fixed term contract as you want to leave when the 6 months is up. I've not seen a minimum term employment contract before that isn't fixed term so I'm going to tag Ula to take a look xxx

Are there any other clauses relating to the minimum period in the contract at all ?

[DesmondTutu]

9. PERIOD OF NOTICE
YOUR CONTRACT WILL BE FOR A MINIMUM PERIOD OF 6 MONTHS . Thereafter the minimum period of notice required to be given by either party is 10 weeks .
In the instance of summary dismissal for gross misconduct or failure to serve contractual notice, the right to receive notice and payment in lieu of notice as well as arrears of pay and holiday entitlement will be forfeit. In addition should you fail to serve your full contractual notice or should you fail to commence employment as contracted, you will be legally liable to reimburse the company with liquidated damages at a rate of one week’s pay for each complete or partially incomplete week of your notice period which you fail to serve in breach of your contract of employment.

[ULA]

Do you have any clauses in the contract that relate to the duration of the contract other than what is stated in this clause 9 e.g. a clause that states the contract starts on xxx date and will be for a period of xxx months, and what the process will be for extending beyond this initial period. Also is there any clause that allows for notice to be given in the 6 month minimum period?

If not then my interpretation from what you have posted and without seeing the whole contract in detail is that you are contracted to work for at least the first six months and thereafter you can leave by giving 10 weeks notice which in my opinion seems an excessive notice period.

I think if you could anonymise your contract and post it on a thread or just cut and paste all the clauses, it would help to see if I can find anything that may help argue that it is in fact a fixed term contract for 6 months and it is only if it goes beyond this period that you have to give the 10 weeks notice.

[DesmondTutu]

Have you got an email address, I more than happy to send through my whole contract in it’s entirety via email

[Amethyst]

9. PERIOD OF NOTICE
YOUR CONTRACT WILL BE FOR A MINIMUM PERIOD OF 6 MONTHS . Thereafter the minimum period of notice required to be given by either party is 10 weeks .
In the instance of summary dismissal for gross misconduct or failure to serve contractual notice, the right to receive notice and payment in lieu of notice as well as arrears of pay and holiday entitlement will be forfeit. In addition should you fail to serve your full contractual notice or should you fail to commence employment as contracted, you will be legally liable to reimburse the company with liquidated damages at a rate of one week’s pay for each complete or partially incomplete week of your notice period which you fail to serve in breach of your contract of employment.

Harsh !


You can email admin@legalbeagles.info

[DesmondTutu]

Sent through

[ULA]

I have now had a look through your contract and unfortunately it is a permanent contract with a minimum period to work for the company of six months after which you can leave by giving 10 weeks’ notice. So, they are correct in that you cannot leave until the completion of 10 weeks’ notice following on from your minimum 6 month term and their date of 13 March 2019 is correct. I have to say it is a very harsh contract and having looked through it I just need to make you aware of the following so you do not fall foul of any contractual terms:

1. Clause 3 - the right to recoup overpayments, which includes any monies such as deficiencies / shortages, the salary paid to you for up to two weeks of week handover training on commencement if you leave within 12 months of commencement, the cost of courses attended during the preceding 12 months including salary whilst attending such courses or being provided with such handover training, outstanding loans, overpayments, uniform and dry cleaning costs etc. will be recovered from final pay as will any reasonable sum to compensate for property or name badges not returned.

2. Clause 5 – not sure if you have a uniform but you will be required to pay for it should your employment be terminated within 12 months of receipt of your uniform.

3. Clause 6 – if you do not give the required notice then any outstanding holiday pay will not be paid. I believe though that if for example you worked 8 weeks’ notice then they would have to pay you outstanding holiday up to that point! However note my caution for Clause 9 if you did this.

4. Clause 9 – they have the details of liquidated damages if you do not give the right notice.

5. Clause 21 – is a restrictive covenant clause as it basically states that you cannot “take employment up within two miles of the xxx, for a period of one year from the termination of your employment for whatever reason.”. In other words, you cannot work anywhere for any company that is within two miles of your current location!! However, I think this would be unenforceable.

I am sorry I cannot find any “loophole” to get you out of this company sooner! The terms of their contract are very harsh to say the least.

[ULA]

There may be one possibility in that at clause 9 it does say " By mutual agreement, these notice periods can be waived without payment in lieu of notice." So if you could get them to agree and confirm in writing to waive the notice period or part of it then you may be able to leave earlier than mid March!!

Also just to be clear if you have had any training or uniform you will need to consider the cost of any repayments that the company will expect due to leaving within 12 months.

[DesmondTutu]

Thank you for your help, I really do appreciate you looking into this... I had one employment soliciter say I can leave and another say you can’t!! But I think i am going rescind my notice and wait till 2nd January to hand in my notice

[ULA]

I am not a solicitor but would err on the side of the one that said you could not.

If you are still sure you want to leave then you could just respond in writing saying that having reviewed your contract you accept their interpretation that your notice is 10 weeks effective from the end of your 6 month minimum term and therefore you will be leaving on the date in March they calculated. Alternatively if you want to give yourself some time then yes rescind and then resign giving 10 weeks notice any time after 2 Jan 2019.