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Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38350
Experience:  Specialist in UK Law with expertise in UK Employment Law
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I have a one year rolling contract. What does this mean if

Resolved Question:

I have a one year rolling contract. What does this mean if my employer wants to terminate before one year?
Submitted: 2 years ago.
Category: UK Law
Expert:  Ben Jones replied 2 years ago.
Hello and thank you for your question, which I will gladly help with. Please let me know when did the contract commence?
Customer: replied 2 years ago.
my contract started on 3rd May 2011. I have had no discussions and no warnings etc...since, i even gave an update on my role to my boss(who is mangeing partner of the firm employingme, and who took me on) which was accepted a couple of weeks ago with no comments.my contract was terminated tody without warning!
Expert:  Ben Jones replied 2 years ago.
What exactly does the contract state about the duration? Can you quote the wording?
Customer: replied 2 years ago.
Continuous employment
The date on which your continuous employment began is the same as shown above (3rd may 2011).and will be for a period of one year only.
Probationary period
There will be no probationary period.this is a one year rolling contract.
Expert:  Ben Jones replied 2 years ago.

Where does it say it’s a rolling contract?

Customer: replied 2 years ago.
I'm trying to upload a copy of my contract of employment but it's not woking for some reason. Do you have an email address I can send to please?
Expert:  Ben Jones replied 2 years ago.
Yes you can send it toXXX@XXXXXX.XXX and state that you want it forwarded to Ben Jones. As this is not a direct email address for me I won't get it straight away but as soon as I do I will get back to you
Customer: replied 2 years ago.
thanks. \on it's way!
Expert:  Ben Jones replied 2 years ago.
Thank you, XXXXX XXXXX back to you asap
Customer: replied 2 years ago.
I have had a reply from XXX@XXXXXX.XXX and they say they cannot pass on my document to you because it is of a private or personal nature.

Let's just leave it at that as I dont see how you can now answer my question. I will of course not pay as you have not been able to answer my question! thanks for trying anyway.
Expert:  Ben Jones replied 2 years ago.
I will double check with them and if they can't do this then I will arrange for a refund
Customer: replied 2 years ago.
thanks
Expert:  Ben Jones replied 2 years ago.
OK it seems that I won’t be able to get your contract but I can still provide advice based on the information supplied.

If you have been employed at your place of work for less than 12 months then your employment rights will be limited. Most importantly, you will not be protected against unfair dismissal. This essentially means that your employer can dismiss you for any reason, providing that its decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert your statutory rights (e.g. requesting maternity/paternity leave, holidays, Trade Union activities, etc). In the event that the reason for dismissal was discriminatory, you can make a claim for discrimination in an employment tribunal, although you would need to provide some evidence to back up your claim.

If your dismissal was not based on discriminatory grounds, your only protection in relation to the dismissal would be if you were not paid your contractual notice period. Unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. In the absence of a contractual notice period you are entitled to the minimum statutory notice period of 1 week if you have been there for between 1 month and 1 year. If you were not paid your notice period (unless you were dismissed for gross misconduct) that would amount to wrongful dismissal and you could make a claim in an employment tribunal to recover the pay for the notice period you should have been given.

Please press Accept and I can expand my answer and provide more detailed advice and guidance as required. I will also answer any specific questions you may have. Thank you
Customer: replied 2 years ago.
Thanks for your reply, it has been useful. However, I feel I may have a claim under civil law for breach of contract. Below are the important points from my contract regarding this.
Start date: 3rd May 2011
Probationary period:
There will be no probationary period.This is a one year rolling contract.
Continuous employment:
The date on which your continuous employment began is the same as shown above.And will be for a period of one calendar year only.

Notice period to be given by the employer to the employee:
The partnership has the right to serve notice of termination of your employment at any time in accordance with the notice provision below.
Less than 1 month's service-nil.From the satifactory completion of your probationary period but less than 5years-1 month.5 years service or more-1week for each complete year of service up to a maximum of 12 weeeks.
As there is no probationary period & it's a one year contract, I read 'The Partnership has the right to serve notice of termination of your employment at any time in accordance with the provisions below' as meaning that they can serve notice of termination at the end of the 'one year period' at any time. Therefore I am entitled to pay up to the end of one year if they termniate my contract early, as they indeed have.
Expert:  Ben Jones replied 2 years ago.
No, I am afraid you won’t be able to claim for that. You were employed on a fixed-term contract. These can be terminated early either by giving you the contract’s notice period or, in the absence of such, the minimum statutory notice period, which in this case is 1 week. The most you could claim from this is a month’s notice.

I would be grateful if you could please press Accept for the advice given so far, many thanks
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38350
Experience: Specialist in UK Law with expertise in UK Employment Law
Ben Jones and other UK Law Specialists are ready to help you
Customer: replied 2 years ago.
My local solicitor & 2 of her partners feel I have a claim under civil law for breach of contract for this! your comments are obviously contradictory, which now leaves me unsure how to proceed. Thanks for your comment anyway they were useful.

kind regards

Ike Benson
Expert:  Ben Jones replied 2 years ago.

Well there is a potential breach of contract claim but to be honest I don’t think you will be successful from the details of the contract. It is specifically stated that notice can be served at any time and that includes the first year of the contract. The only claim you will have is if the incorrect period of notice was served.

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38350
Experience: Specialist in UK Law with expertise in UK Employment Law
Ben Jones and other UK Law Specialists are ready to help you

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