Temporary/Fixed-Term Contract?

tonome

I applied for an advertised position "TEMPORARY FOR 6 MONTHS WITH A POSSIBLE EXTENSION" and was successful. At the end of 6 months I was asked to stay for a further 6 months and received a letter from my employer confirming the extension of the contract until 31st.....!

I was dismissed after 11 months - was my employer obliged to fulfil their side of the contract in providing me with 12 months employment?

One thing I remember was that it stated somewhere that TEMPORARY CONTRACTS ARE RENEWABLE ON A WEEK-TO-WEEK BASIS so this might not go in my favour. However "6 months" is mentioned for the original contract and then again for the second extension contract - does this make them fixed-term contracts?

Any advice greatly appreciated! Thank you!

Tonome

dmg24

I'm afraid temporary workers can usually (though not always) be dismissed at any time.

What reason were you given for the dismissal?

tonome

Dismissal was on the basis that "reorganisation is now complete"! However, I felt that the fact the contract was "extended for 6 months until 31st..." meant that as a term of 6 months & temination date were explicitly stated, then both parties would have had to agree to an earlier termination.
I wonder if it had been the other way around - I had signed the contract committing myself for the second 6 months - had I wanted to leave earlier at a week's notice, they could have insisted I stay until the end of the contract or else I would have been in breach of the contract!
Tonome

Fran

You couldn't take it to an Employment Tribunal because you have to have been employed for a year for that. (I don't know if that covers temporary contracts anyway?). This choice in timing was maybe deliberate, in any case I don't think there would be a lot you can do about it. (However... I am not an employment expert.)

CFC

A fixed term or temporary worker can indeed go to a tribunal. However, with a fixed term contract, the employer can indeed give whatever notice period is stipulated for both parties in the employment contract. If no notice period is stipulated then the notice period is one week unless you have been employed for over two years. This is because the law recognises that a business which takes on a 'temporary worker' needs the flexibility.

HOWEVER, there is a procedure the employer must follow if your contract has not simply expired. You should be sent a letter, inviting you to a meeting, and explaining in the letter why it is proposed you should be dismissed. This letter must be given to you in sufficient time for you to have the opportunity to consider your response. Best practice is at least 24 hours beforehand. The meeting should be held, it should be explained to you that you have the right to be accompanied in this meeting, you should be told why the company proposes to give you notice, and you have the right of appeal against that decision. You should be asked if you have anything you want to say or ask. After the meeting you should be informed of the decision.

If they have not followed any of these procedures, you should immediately raise a grievance. If they don't keep you on while they look into it they need their head examining, because if they have not followed the correct procedures this will be construed as 'automatically unfair dismissal' and there is no minimum length of service required in this special case before taking an employer to a tribunal.

I hope you find this helpful.

Fran

CFC wrote:

HOWEVER, there is a procedure the employer must follow if your contract has not simply expired. ..............

If they have not followed any of these procedures, you should immediately raise a grievance.

In the contract of a company I worked for it stated that a grievance procedure could not be followed until employed for a certain amount of time. If it states that in the contract does that make it an exception to what you are saying here?

CFC

Hi Fran, all companies must now have a grievance procedure and even people who have failed an interview can now raise a grievance, believe it or not. Before going to a Tribunal you should follow the internal company grievance procedure.

Fran

CFC wrote:

Hi Fran, all companies must now have a grievance procedure and even people who have failed an interview can now raise a grievance, believe it or not. Before going to a Tribunal you should follow the internal company grievance procedure.

Thanks. The company I'm thinking of did have a grievance procedure but there was a probationary period and the contract said you could not follow the grievance procedure until after this period of time. Is that something that companies now can't put in a contract legally?

tonome

Thank you everyone for your comments!
Tonome

CFC

Hi Fran, the company must allow you access to their grievance procedure at any point in your employment (or even before it) now.