Quick Response Needed - Fixed Term Contract

[Bujon]

I have a situation where I have taken on a 12 month fixed term contract, to cover a maternity cover, whose exact return date was never made clear to me. They have now expressed a wish to return to work after only 8 months, and as such my employer has stated they will give me a months notice and end my contract after only 9 months. Am I allowed to express this as a breach of contract, and suggest they offer a compromise if they are not going to honour the full term? i.e. give me gardening leave for a month, and I'll agree to end contract after 10 months? This is not the start back to work I was looking for, seems every employer I have been involved in for 20 years seems to want to take the mickey out of it's employees.

[mariefab]

Re: Quick Response Needed - Fixed Term Contract

No, it's not a breach of contract.
As you were employed to cover maternity leave it's quite legal for the employer to dismiss you to enable her to return to work.

[Bujon]

Re: Quick Response Needed - Fixed Term Contract

No, it's not a breach of contract.
As you were employed to cover maternity leave it's quite legal for the employer to dismiss you to enable her to return to work.

Not sure that really stacks up? otherwise why bother with a contract at all? They have specifically given me a 12month FIXED Term contract, not an open ended until someone decides otherwise contract. No-one is disputing the new mums right return to work, but the employer should be prepared to honour the contract.

[mariefab]

Re: Quick Response Needed - Fixed Term Contract

http://www.legislation.gov.uk/ukpga/1996/18/section/106

[Bujon]

Re: Quick Response Needed - Fixed Term Contract

http://www.legislation.gov.uk/ukpga/1996/18/section/106

Implies my contract specifically states I will need to give way, which it doesn't. It doesn't even say for 'maternity cover', simply a 12month fixed term contract. I have made personal financial commitments on the basis of signing a 12 month contract.

[R0b]

Re: Quick Response Needed - Fixed Term Contract

From a contractual point of view and not employment one, its a fixed contract for a period of 12 months, so I would say unless there is a clause within the contract which gives the employer the right to terminate on the basis of an employee returning early, then I see this as a breach of contract and you should be entitled to the remaining month's pay as if you had worked it.

If however the 12 month period expired and the person returned to work then I would say yes the person could be dismissed on the grounds provided on the link given by @mariefab

At the end of the day a contract is a contract and so it is reasonable for someone to make financial commitments on that basis and both parties should be prepared to commit to the term of the contract. If they though that the employee would be returning early then they should have put in a carve out or reduced the fixed term.

[Bujon]

Re: Quick Response Needed - Fixed Term Contract

http://www.legislation.gov.uk/ukpga/1996/18/section/106

If the work ends before the agreed end date and the contract allows the worker to be dismissed then the employer should give the appropriate notice period. Employers may be in breach of contract if they wish to end the contract and there is no provision to so in the contract of employment

ACAS

[mariefab]

Re: Quick Response Needed - Fixed Term Contract

I had assumed that the first sentence of your opening post correctly described your contract.

s.106 only applies when both 2(a) and 2(b) are engaged
As there's no mention of maternity leave yours is just an ordinary fixed term contract.
So, as Rob suggests, look to the terms of your contract to see what, if any, rights the employer has to terminate the contract early.

[Bujon]

Re: Quick Response Needed - Fixed Term Contract

I had assumed that the first sentence of your opening post correctly described your contract.

s.106 only applies when both 2(a) and 2(b) are engaged
As there's no mention of maternity leave yours is just an ordinary fixed term contract.
So, as Rob suggests, look to the terms of your contract to see what, if any, rights the employer has to terminate the contract early.

Apologies, my bad. While I knew it was a maternity cover position, nothing explicitly states that in my contract, nor any mention of termination clauses. As far as I was concerned I anticipated being in position for the 12 months with perhaps a short hand over period.

[mariefab]

Re: Quick Response Needed - Fixed Term Contract

When you say, 'nor any mention of termination clauses' does that include termination on notice?
Because if that's the case they should either continue to employ you for, or pay you for, the full 12 months.

[Bujon]

Re: Quick Response Needed - Fixed Term Contract

When you say, 'nor any mention of termination clauses' does that include termination on notice?
Because if that's the case they should either continue to employ you for, or pay you for, the full 12 months.

There is a Notice of Termination section, which highlights.
I must give 1 month
occasionally wavered by mutual agreement
...except gross misconduct, the minimum notice I receive from them is 1 month
After either you or us gives notice to terminate your employment, or if you purport to terminate the employment in breach of contract, we may place you on garden leave for whole or part of the remainder of your employment.

[Bujon]

Re: Quick Response Needed - Fixed Term Contract

Does this suggest I can be given a months notice at any time despite being on the 12 month fixed term contract??


Except in the case of gross misconduct (when you will be liable to be dismissed without notice), the minimum length of notice which you are entitled to receive from the College to terminate your employment is:

• for Grades A-D one calendar month. After five years’ continuous employment you are entitled to an additional one weeks’ notice for each year of service up to a maximum of twelve weeks’ notice.

• For Grades E – F two calendar months. After eight years’ continuous employment you are entitled to an additional one weeks’ notice for each year of service up to a maximum of twelve weeks’ notice.

• for Grade G - EMT three calendar months


• 1 week for fixed term contracts of 6 months or less

• 1 calendar month for fixed term contracts of more than 6 months

[R0b]

Re: Quick Response Needed - Fixed Term Contract

Yes it does but is that one month after the end of the 12 month fixed term or at any time despite the fixed term of 12 months?

[Bujon]

Re: Quick Response Needed - Fixed Term Contract

Yes it does but is that one month after the end of the 12 month fixed term or at any time despite the fixed term of 12 months?

Doesn't state, however does this line assume that any fixed term contract can be ended on a months notice? That would basically mean they could offer 12 month contracts out and then simply decide to escape it after 6 months in every case?

• 1 calendar month for fixed term contracts of more than 6 months

[R0b]

Re: Quick Response Needed - Fixed Term Contract

Bit ambiguous in my eyes, it's possible to construe it that way but its certainly not clear cut. The court could construe the clause against the person who is relying on it and say that 1 month after the fixed term period. A more explicit clause would say something along the lines of:

Clause 5. Term
The Term is for a fixed period of 12 months

Clause 8. Termination
Notwithstanding Clause 5, the College may at any time terminate the contract upon written notice provided that the minimum notice is:

- one month for fixed term contracts