fixed term contract - readvertising position

yully

Hi, just after some advice please. My husband was employed on a fixed term contract which finished at the end of february. He was told it wouldn't be renewed as the post was no longer going to exist but at some point a different position maybe created and they'd let him know if that happened. He found out last night that the exact same post he had was being readvertised, he actually found out third hand when someone asked him if he was going to apply for his job back. I'm sure i've seen somewhere that it counts as redundency if the contract is not renewed but the position is still there but is there a time limit or anything we can do? thanks x

Andy_L

As he was on a fixed-term contract he was not made redundant, the agreed contract simply ended. This is the nature of short-term contracts - thay are used to avoid redundancy obligations
Arguably theres a moral obligation to inform him of a new contract as they said they would and, assuming his service was satisfactory, it would make business sense to get him in again rather than someone new but no legal obligation unless his initial contract siad "you get 1st dibs if a new contract is let".

Spirit_2

Two things - how long was the fixed contract for? 2 years or more and he will have an entitlement to redundancy.

The time limit for lodging an unfair dismissal with an ET is 3 months unless exceptional circumstances.

[Deleted User]

How long was he in post? Is the new post exactly the same job?
If it was the same job by letting him go then readvertising the same post he could have a case for unfair dismissal if he is not rehired into that 'new' post.

As the poster above says he only has 3 months to lodge a claim so he should go get advice from his union or a solicitor.

yully

thanks for your advice. The original contract was for two years and the post being advertised is exactly the same post. It was advertised three months and one day since his contract ended - someone obviously knows what they're doing. Is there any circumstances when this deadline is extended, he's already been in touch with them via a soliciter as he hasn't received £1800 owed from a pay increase which was in his contract but never happened.

[Deleted User]

yully wrote: »

thanks for your advice. The original contract was for two years and the post being advertised is exactly the same post. It was advertised three months and one day since his contract ended - someone obviously knows what they're doing. Is there any circumstances when this deadline is extended, he's already been in touch with them via a soliciter as he hasn't received £1800 owed from a pay increase which was in his contract but never happened.

3 months 1 day, looks like they did that intentionally knowledge of tribunial timscales and all. Timscales can be extended in some circumstances but he really need to speak with a solicitor about this as soon as he can. They can apply to the tribunial, who may say no but you can try.