SUBSCRIBE:

 
NETWORKING

Personneltoday.com’s new networking forum HR Space is now live. Your existing registration details will allow you access to HR Space. All you need to do is Sign in, create a nickname and choose a role.

The threads and posts to the existing forum below will become read only. Please visit HR Space to add new posts, upload and attach documents, create your own blog and upload photos. If you have any questions regarding HR Space, please email hrspace@rbi.co.uk

 
Go back to Networking Home Page
Go back to Employment law

Notice period with no contract

Summary of postings

Notice period with no contract Sam 2 Jun 08
Re: Notice period with no contractJames Richardson4 Jun 08

Details of postings

Notice period with no contract Sam 02/06/2008 20:48
Help required!  Said individual's 6 month fixed term contract expired in December 2007.  Said individual has been chasing a new contract to which new employer stated the details were "in the post".  Said individual has been technically working without a contract (but being paid each month) and asked whether another fixed term contract was in the process of being drawn up.  Employer stated they would like to offer a perm contract.  Individual finally got a perm offer in May 2008 but rejected the terms to the manager due to salary, and the fact the notice had been increased to 3 months.  Manager has now been made aware that the individual wants to resign.  Does the individual have to give the notice period stipulated in the fixed term contract initially (1 month) or can they legally just give one week as they don't technically have a contract and have been employed now for just over 1 year?


Thanks!
 
+ Re: Notice period with no contract James Richardson 04/06/2008 13:55

My understanding is that the contract continuation was implicitly continued by both parties- this means that the individual remains on the same terms and conditions as before. I would check this with an employment lawyer though to be safe.


Notice is a tricky thing, he/she could just walk out at any point in time; there is very little come-back from an organisation with regards to forcing the employee to fulfill their obligations. Also, by forcing the individual to remain through their notice period, you are risking their performance in the company and the general impact this can have.


I would recommend that you sit down with the individual and explain that your interpretation of the document is that by remaining in the role and accepting their salary they are implicitly accepting the continuation of the contract. The likelyhood is that they are feeling aggrieved by the length of time the process has taken and messed about.


I would admit that "best practice" had not been followed in this case and that you are reviewing your processes to ensure this never happens agin and thank them for their patience. Ask if their motivation to leave is geared around the absence of a contract for some time and see if there is a path forward.


In future I recommend that in FTC workers' inductions, you set a "contract review date" where they will be met with to discuss their performance and their contract as a whole. This should be on or before their notice date as laid out in their contract. It's either at this point you refuse to renew, effectively giving notice, or furnish them with an extension.


 
© Reed Business Information 2008