Fixed Term contract

[Frank Herety]

Hi

 

A friend is in a bit of a predicament and I wondered if anyone could advise.

 

'Mildred' was on a fixed term contract for 1 year that expired, she continued to work after the expiration date but now wishes to leave as she's been offered a great job somewhere else. The company are maintaining she work the 3 month notice period stipulated in the expired fixed term contract instead of the 1 month she has offered to work.

 

Are they within their rights to force her to work this notice period? She will lose the new job if she does not start 1 month from now.

 

Thanks

 

Frank

[Fade2Gray]

They cannot force her to work and any attempt (by the employer) to bring a claim of breach of contract would fail (employers are reluctant to do this anyway due to the cost). Tell her to point out to her employer that she is no longer contract, give them a months notice and then leave. The only knock on effect I can see is that the employer may withhold any reference.

[Frank Herety]

that sounds largely positive, thanks very much for the advice.

 

Frank