A fixed-term contract will usually terminate at a specified date, or on the occurrence of a specified event, such as the completion of a project or task. Under these circumstances, employees are not entitled to the statutory minimum notice, although best practice is to provide notice wherever possible.
Breach of Contract will occur if an employer makes an early termination of a fixed-term contract, excepting where the contract contains an early termination clause allowing either party to give notice. Where the contract allows the employer to end it early by giving notice, the employee is entitled to the statutory minimum notice applicable. If the terms of the contract provide for notice in excess of the statutory minimum, the employer must give the contractual amount provided for. Failure to do so will expose the employer to a breach of contract claim.
Employees must have been employed continuously for a minimum of one month in order to be eligible for statutory notice of dismissal. Where an employee is employed under a fixed-term contract with a specified term of one month or less, but has been continuously employed for three months or more, the employee will be deemed to be permanent and therefore entitled to statutory minimum notice.
If you have any further questions on the subject matter then please contact Karen Scott on 07762 629 448 or get in touch by clicking here.
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