djuk

Morning,

Hopefully someone from a HR or employment law background can help with this.

On the 17th February 2004 I started work for a well known electronics manufacturer in the UK on a 24 month contract. Obviously this means that the contract expires on 17th February 2006. That date has come and gone with no mention from my employer that anything is to change or that they no longer require me.

Now I have been offered another position with another company, package and prospects well in excess of my current role. The problem is, my current company is arguing that I am still subject to the terms of the contract regarding notice period on the basis that as I worked past the contract date I have implied that I continue to accept the terms of the contract.

Can anyone confirm if this is really the case or if they are literally just trying it on?

Thanks

David

richs2891

I'm no HR or employment law person, but the way you have described it, is that you had a signed agreement with your employees until 17th March 2006. They have not offered you a new contract, but I guess your still getting paid ?
Is this new company willing to wait for your notice period if you decide to honour it with your current employer ?
Personally I feel that the other company is trying it on as they propably realise that they have cocked up and are now trying to cover their back etc. I would definately take the other job as you state is more money, better prospects etc.
As an ex contractor who has been in a simlair position (some companies are very bad with contracts), in my mind you are technically no longer contracted to them (no signed bit of paper !!), I would wait until they paid me and depending on how well you get on with them / what you feel about them I would either walk there and then or work an agreed notice period.

Richard

Clarebabes

Ah, but by being paid by them and accepting this payment, you are probably still bound by the terms of that contract even though the date of the contract has elapsed.

I would get proper advice from a legal expert. You can get good free advice over the phone or an hour free at some solicitors. Or you could try the CAB.

Bram

Could be a bit of wooly issue, yes having taken wages in leu of services you are deemed to accepted contract even if you have not signed it.

The bit I am unsure is because the stipulated period has elapsed, does it apply in that case.

brumdaisy

This is one of the problems we are having at our work - its unbelievable how little personnel people know about these things!

I've found the DTI (dept for trade and industry) web site very useful for facts rather than opinions.

One suggestion..... if a new company reallys wants someone, its not uncommon for a new employer to buy you out of your contract/notice...

good luck

camk

You are still bound by the terms of the original contract with respect to notice period etc. The law is clear on that. The end date on the contract has little or no relevance if you both continue the relationship beyond it.