What is the law regarding employment termination as a contractor?
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What is the law regarding employment termination as a contractor?
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I joined a company in Feb 2008 on a temporary basis. After 2 weeks I was offered a permanent position at another company so my current company offered me a position with them in a different department. I accepted this role and signed a contract which stated I was to give 1 week notice if I was employed for under 1 year and 1 month notice after 1 year employment but this role wasn't for me so I gave 1 week notice and asked to return to my old role. They asked me to stay until they found a replacement which I did (this turned out to be 1 month). So, I went back to my old role which I knew would be covering maternity leave and signed a letter stating change of salary, hours and it said I would be employed as a contractor until June 2009 or before. I was informed a month ago that the lady on maternity leave is to return (a month from when they told me) but they wanted me to stay for another 12 months in another department full time and in my old role part time. Now 1 day before the lady is to return they left me a letter on my desk saying that I am to attend a meeting and due to restructure my contract is unlikely to be renewed! Please can you tell me what my rights are regarding notice period, do they have to give me 1 month notice (as signed in my contract for the old role) or do they have no obligation to do this as the 2nd letter I signed said until June 2009 or before? I am annoyed that they have suddenly dropped this on me and not given me chance to even look for another job. They obviously knew this before but wanted to wait until the lady from maternity leave came back. Sorry for the long-winded question but your help will be very much appreciated. Thank you!
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V.T.V.RAM
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Obviously, the second letter is a substitution of the first letter and the contents of second letter will prevail.
This is termed as Novation in Law of Contracts.
You are Estopped from claiming benefits under first letter.
Hence they they have no obligation as claimed by you. |
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