O/T - Employment Contracts

Westdene Seagull

aka Cap'n Carl Firecrotch

NSC Patron

Oct 27, 2003

20,990

The arse end of Hangleton

• Apr 30, 2012

• #1

Any legal eagles on here ?

My partner has a monthly rolling contract with her employer that has a weeks notice period for either party. She has in writing from her manager that her contract will continue until end of May. Today she has been given notice that they will terminate the contract on the 18th May.

Now the question - what overrides what ? The written confirmation of the contract being in place until the end of May or the new date ?

 

Tricky Dicky

New member

Jul 27, 2004

13,558

Sunny Shoreham

• Apr 30, 2012

• #2

The manager has said the "contract" will last til the end of may, but the contract says a weeks notice, so I would say the 18th seems perfectly reasonable.

(I'm not an expert, just going by what you've said).

 

Lush

Mods' Pet

Jul 5, 2003

13,409

Wherever I lay my hat, that's my hat.

• Apr 30, 2012

• #3

I'm no expert, but I'm thinking the 'one week's notice' overrides both.

 

The Large One

Who's Next?

Jul 7, 2003

52,343

97.2FM

• Apr 30, 2012

• #4

I would have thought 'one week's notice' refers to the notice they give that they will not be re-newing the current contract.

But like the others, I'm no expert...

 

house your seagull

Train à Grande Vitesse

Jul 7, 2004

2,693

Manchester

• Apr 30, 2012

• #5

Notice overrides ... sorry

 

A

Aadam

Resident Plastic

Feb 6, 2012

1,130

• Apr 30, 2012

• #6

I would agree. Same would apply if she handed her notice.

 

Westdene Seagull

aka Cap'n Carl Firecrotch

NSC Patron

Oct 27, 2003

20,990

The arse end of Hangleton

• Apr 30, 2012

• Thread starter
• #7

The Large One said:

I would have thought 'one week's notice' refers to the notice they give that they will not be re-newing the current contract.

But like the others, I'm no expert...

Click to expand...

That was my thought but it would appear I might be in the minority thinking that way. Bugger is all I can say given the current job market !

 

The Large One

Who's Next?

Jul 7, 2003

52,343

97.2FM

• Apr 30, 2012

• #8

Westdene Seagull said:

That was my thought but it would appear I might be in the minority thinking that way. Bugger is all I can say given the current job market !

Click to expand...

In which case, the one month rolling contract has little purpose or meaning. They can invoke a 'one week's notice' for her to clear off any time they wish, and the contract be meaningless.

 

father_and_son

Well-known member

Jan 23, 2012

4,646

Under the Police Box

• Apr 30, 2012

• #9

I have a similar "rolling" contract with my employer.

Every six months I get an extention (touch wood) saying that the contract expires on such and such a date but within the contract there is a one-month termination clause for either party.

This works exactly as people have described above. The contract will automatically end (and I'm out of work) on the final date *OR* one month after either side have given notice.

Sorry if this isn't what you wanted to hear. Her employers may have other obligations which derive from our wonderful legal system (ie depending on length of service), but the contract itself is pretty clear cut.

 

Medwayseagull

JCB

Sep 23, 2011

4,322

North North East from the AMEX

• Apr 30, 2012

• #10

father_and_son said:

I have a similar "rolling" contract with my employer.

Every six months I get an extention (touch wood) saying that the contract expires on such and such a date but within the contract there is a one-month termination clause for either party.

This works exactly as people have described above. The contract will automatically end (and I'm out of work) on the final date *OR* one month after either side have given notice.

Sorry if this isn't what you wanted to hear. Her employers may have other obligations which derive from our wonderful legal system (ie depending on length of service), but the contract itself is pretty clear cut.

Click to expand...

This is the correct interpretation.

 

Tricky Dicky

New member

Jul 27, 2004

13,558

Sunny Shoreham

• Apr 30, 2012

• #11

I had a 6 month contract job a couple of years ago. verbally I was told it would have yearly extensions after that, but after 4 months of the first term, I was terminated (one months notice). They were moving the job to Copenhagen, and they did offer it to me (for the princely sum of £1k a day), but I declined.

In my experience the contract termination period is overriding of anything else.

 

Westdene Seagull

aka Cap'n Carl Firecrotch

NSC Patron

Oct 27, 2003

20,990

The arse end of Hangleton

• Apr 30, 2012

• Thread starter
• #12

Thanks for the replies - not good news but at least we know where we stand.