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Contract Position and offer of a permanent position

I have been working on a continuous rolling contract for some 15 months now in a iT field capacity. The contract has now been outsourced as of the 1st April. I have been told by colleagues that a i have worked over a year continuous they have to offer me one of the permanent positions as I have been there mpore than a year. I was always of the belief that this is not the case and that when they decide to end my contract it would have to be on the one week notice period we have either way on the contract.

They will soon be bringing in permanent people for the position, could anyone clarify this for me?

Thx

Comments

  • omen666
    omen666 Posts: 2,206 Forumite
    1,000 Posts Combo Breaker
    Ttt.......................
  • Caz3121
    Caz3121 Posts: 15,874 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    you need to read up on Tupe - there was a change made in Tupe in 2006 that now puts contract staff in scope to transfer over if they provide an "in scope" role.
    however I believe you do not have to be given a permanent role but you will transfer
  • omen666
    omen666 Posts: 2,206 Forumite
    1,000 Posts Combo Breaker
    Many thanks will give it a look.
  • debtblue
    debtblue Posts: 62 Forumite
    Hi

    I m an IT contractor as well, and I can confirm no one is obliged to take you on as permanent after 1 year. In fact I have known people working for a max 2 years with one employer on contract and then finishing contract just to pick up another contract with the same employer. Some of them just have to change the desk about 20 yards within the same bulding.

    You build your security as a contractor by earning more than normal staff, so you are not entitled to anything.

    Thats my understanding of Contracting in IT.
  • omen666
    omen666 Posts: 2,206 Forumite
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    Thanks mate always thought the same,been contrating 6 years now but someone mentioned to me recently that things had changed.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    can you just clarify - are you working through an agency, or on a rolling contract directly for the company concerned (that is to say, does the company pay your wages and is it named as your employer on your wage slip?)
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • PlutoinCapricorn
    PlutoinCapricorn Posts: 4,598 Forumite
    Part of the Furniture Combo Breaker
    I remember a time when employees of a big company that I worked for were divided into permanant and contract staff. They were all on PAYE, but I don't think that the contractors paid into the pension scheme. There were different terms of employment, and the contract people got a bonus at the end: they were expected to leave, normally when the project that they were brought in for was complete.

    Things have changed a lot since then: more and more employees seem to be on contracts that may or may not be renewed, and permanent does not mean much anyway, redundancies can happen to anyone.
    Who having known the diamond will concern himself with glass?

    Rudyard Kipling


  • omen666
    omen666 Posts: 2,206 Forumite
    1,000 Posts Combo Breaker
    I am on a rolling contract via a agency
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    omen666 wrote: »
    I am on a rolling contract via a agency

    Then debtblue's post applies to you.

    The company you are contracted to is not your employer the agency is.

    If the company decides to offer you permanent employment then it's up to them, and normally they have to pay the agency a fee as the agency loses money if you become permanent.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
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