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Context

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.

Question

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?
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7
  • 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).
    – Weather Vane
    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.
    – Chaitanya Bapat
    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?
    – Weather Vane
    Aug 25, 2022 at 19:32

1 Answer 1

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2

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.

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2
  • 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?
    – Chaitanya Bapat
    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?
    – Chaitanya Bapat
    Aug 25, 2022 at 19:42

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