Q. My contract has expired but I am still working and being paid. My contract stated I had a months notice would the months notice still apply even though my contract has expired but the company are happy for me to be here for a couple of months more?
A. In general terms, if the fixed term of the contract has expired but both parties are happy for the contract to be performed beyond the termination date then the parties will be deemed to have agreed a variation in the end date, but all other terms of the contract would continue to apply. Therefore, unless the contract has a clause which deals with this specific scenario and sets out different terms for any extension of the contract, you can assume that you can still terminate the contract by giving one month’s notice.
However, please note that this is general advice given without the benefit of having seen your contract, and if you would like us to give you a quote for reviewing your contract and providing written advice we would be happy to do so.
The answer to this question was provided by Qdos Legal Services.
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