Civil Service and Fixed Term Contracts

alocin

If anyone is able to help I have a question about the civil service and two-year fixed term contracts, and whether these can still be extended under some circumstances.

I am currently employed by a branch of the civil service in Job B. on a fixed-term contract covering maternity leave. This contract currently expires in August 2009 due to departmental reshuffles, but the maternity person is coming back to her old job in April 2010 and the role needs to be covered until then. I am in a position to continue in the job until then if the regulations permit this.

I initially joined the civil service in Job A. in a different team back in October 2007 on a six month fixed term contract. This was extended by a further two six month contracts and then a three month contract. Towards the end of this last contract I then applied to cover this maternity position in another team, and was offered my current role in May 2009.

When I considered applying for this role, I was initially advised that should I be offered and wish to continue in the job beyond October 2009 the department would need to apply with a business case to the Civil Service Commissioners as it would take me beyond two years fixed term employment within the department. The HR team stated that this would need to be done even though I am now carrying out a different role in a different team to the one I have spent the majority of my employment in.

One month later, I am now in my new role and the HR team have informed me that there has been a new ruling from the Civil Service Commissioners regarding the extension of two year fixed term contracts, and that it is no longer possible to apply to do this. I have also been informed that it would not be possible for me to accept the end of my current contract which expires in August 2009, and then re-apply for the same role again if it were advertised externally or through an agency.

This is all fairly sucky since at least before I was pretty much sure to stay on until October and had the potential to stay on right up until next April, and now they are thinking it's not worth keeping me beyond the end of August since they're going to have to get a new temp in to do the rest of the maternity leave anyway. Our HR team are not wonderful and have mucked things up before, so I am checking around and have asked the CS Commissioners to see what they say about it, but does anyone else know much about this? Is what they are telling me right?

clairec79

This was the case back in 1998/99 - in the end I was made permanent

alocin

There's absolutely no chance of that - this position is purely maternity cover and they've only just appointed other people (internally, only permanent staff could apply) to other positions doing the same job. There are still quite a lot of permanent staff who were doing Job A. who don't have positions sorted in this reshuffle at the moment, and Job A. will cease to exist entirely come 1 September. Since I was only fixed term in that role I knew I had no chance there but thought that Job B. at least had the potential to last until the spring!

Lord_Dante

All EO jobs have been changed to 18 month contracts. I was placed on a permenant one and they changed it whilst I was on the waiting list. This is due to the fact they are worried when the government fixes the recession in 18 months (Ha!) that they'll have too many excess staff. Don't see this happening personally. With staff turn around I reckon it'll be very very unlikely they'll have to get rid of anyone. Near to the end of mine I'm going to start applying for another one. 18 months experience should make it pretty easy to get a new one.

mdhughes03

I used to work in civil service HR and don't think the rules will have changed much in six months so here goes:

a post is either advertised as "Fixed term" or "fixed term with a view to permanency" only the later can be converted into a permanent post as the former is not considered to be a fair and open recruitment.

A business case always has to be submitted to extend/convert these posts are the depatrment has to prove to the treasury that they definitely need the post filling.

Horace

I think too that there was a law change to say that those on fixed term contracts for two years had to become permanent members of staff after 2 years...can't remember where I heard it though and this could be a reason for not extending the contract. Why not apply for other jobs through the civil service gateway before your contract is due to end

Lord_Dante

mdhughes03 wrote: »

I used to work in civil service HR and don't think the rules will have changed much in six months so here goes:

a post is either advertised as "Fixed term" or "fixed term with a view to permanency" only the later can be converted into a permanent post as the former is not considered to be a fair and open recruitment.

A business case always has to be submitted to extend/convert these posts are the depatrment has to prove to the treasury that they definitely need the post filling.

I've been advised to take the job and then raise a grievance by the union for the reasons you've given me. It's happening a lot to people on the same list as me. Everyone place immediately has been given permanent but those on the waiting list are only being offered FTA.

KME91

Horace wrote: »

I think too that there was a law change to say that those on fixed term contracts for two years had to become permanent members of staff after 2 years...can't remember where I heard it though and this could be a reason for not extending the contract. Why not apply for other jobs through the civil service gateway before your contract is due to end

After FOUR years continuous employment as a temp/fixed term employee you are entitled to request that you be considered for a permanent post, regardless of how you were recruited, fixed term, or fixed term with a view to permanency. however your employer can say no if they want to, provided they have a good business case.

re extending contracts, yes this can be done. your HR dept are probably nervous about doing this, given it might take you over that magical four year point, plus it is a lot of hassle.

My advice to you is that if you haven't already, join your union. I'm a PCS rep for a cs department, and i can tell you that we managed to get 15 people in our dept moved from fixed term to permanent, so it can be done. your first six months with PCS should als be free as you're fixed term.