Fixed Term Contract - Can It Be Ended Early?

[buffymad]

If you're on a fixed term contract (for a year) as you're covering for someone else, can your employment be terminated early? The contract makes no mention of actually covering for anyone (who now might be coming back early) and it doesn't mention anything about terminating the employment before the 12 months is up. It basically says it's a fixed term contract until [whatever the date is]. It mentions notice periods but again, nothing about ending the contract early.

[fiction-factory]

Was the person already employed by the organisation but moved intoa temporary role?
If not then an employer can dismiss for almost any reason in the first year anyway which is why the contract mentions notice.

[THECORBYLOON]

Have a read of this link,
https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

[fiction-factory]

It will depend on the terms of the contract though- if there was a total payment of a year's salary guaranteed but I doubt this was the case given that it mentions notice periods (presumably these include notice by the employer and employee). Similarly I'd expect that the 'employee' could give notice and finish before the 12 months is up

[buffymad]

No, he was hired to cover someone going into the army (TA) which was for a year. Said person has been kicked out of army (lots of mental problems) and may be back sooner. Just wondered as his contract says fixed contract for a certain amount of time - but if they get rid of him early, then it’s not for the fixed period.

[fiction-factory]

The contract mentions notice periods so the employee has agreed to it I think.

[buffymad]

Salary says it will be XXX and payable in 12 equal monthly installments. It says your continuous employment starts on [date]. It doesn’t mention anything about covering for anyone or what would happen if that person came back earlier.

[TonyV]

If it is fixed term I wonder why it mentions notice periods?

[fiction-factory]

Would this employee expect to be forced to stay the full 12 months if they hated the job or would they expect to be able to leave early without penalty if they get a better offer?
The employer seems to have specified notice in the contract. They employee should have queried it at the time I feel

[buffymad]

I’m only asking as a few things I’ve read specify that if early termination isn’t mentioned in the contract, then they could be in breach and may have to pay the remaining months salary of the fixed term.

[fiction-factory]

Yes, but you mentioned that the contract specifies notice periods.
What is the exact wording regarding notice periods please?

[buffymad]

Your employment with the company may be terminated by either side giving notice in writing. Then mentions min period of notice when on probationary period. Then ... for the avoidance of doubt, if during the 6 months probationary period your employment is terminated by either side giving notice which will expire after the end of the 6 month probationary period, your entitlement to notice remains only that which applies during the probationary period. When there is a difference between the staff rules and this letter, this letter takes precedence.

[THECORBYLOON]

It seems then, there is a notice period during the probationary period but none after it.

In the absence of a stated notice period, if notice is given outwith the probationary period, the minimum notice that must be given is one week.

[bednobs]

it's all there in your first sentence buffy