X is on Skilled Worker Visa. X's employment contract states

  • 2 year minimum employment period
  • 3 month minimum notice period after serving the minimum employment period.


Given the above context, is it possible for X to resign from their current employment prior to serving the minimum 2 year employment period?

Follow-up questions:

  • What are the legal implications of doing that?
  • Is it legally possible?
  • Can the employer refuse the resignation? What to do in such a case?
  • Are there legal proceedings involved?
  • Slavery was abolished a long time ago...
    – Jon Custer
    Aug 25, 2022 at 16:00
  • Are you sure it isn't a minimum two year contract? And what is the notice period before the minimum term? If it is not stated, it is the statutory notice period (one week). Aug 25, 2022 at 16:14
  • Are you sure the 2 years and +3 months doesn't refer to the visa conditions, as opposed to the contract of employment?
    – user35069
    Aug 25, 2022 at 17:17
  • @WeatherVane what is meant by min 2 year contract ? How is contract different from 2 year period ? On the employment contract atleast, it says minimum employment period = 2 years. Aug 25, 2022 at 19:29
  • A two year minimum contract says nothing about the period of notice, but a two year minimum period suggests it. What does the contract actually say about notice required during the first two years? Aug 25, 2022 at 19:32

1 Answer 1


There is nothing to prevent an employee resigning before the end of a fixed-term contract of employment.

But note that there may be legal implications if X's conditions of entry and leave to remain in the UK are not complied with - see, for example, Section 9.27.1 of the Immigration Rules which includes:

9.27.1. A person’s entry clearance or permission on the Skilled Worker [ ... ] routes may be cancelled if:

  • (d) they cease to work for their sponsor.

There's not much more to say as the question lacks detail, such as whether X has another job offer, intends to leave the UK, or apply for another visa, etc. Or whether the references to 2 years and +3 months actually applies to the visa conditions, not the contract of employment.

  • Thanks a lot for the response. X is under the process of switching from Skilled Worker Visa to Skilled Worker Dependent visa. Does that complicate things a bit? Aug 25, 2022 at 19:27
  • just to clarify, it is not a fixed-term contract, in the sense that there's no limit mentioned in the employment contract. Does your sentence - There is nothing to prevent an employee resigning still hold true for permanent contract or one which doesn't have a fixed end-date? Aug 25, 2022 at 19:42

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .