Questions about Employment Contracts

Redqueen

Hi all!

Hope someone can help me here. My employer seems to be taking me and many other staff for a ride with our contracts.

I will start at the beginning. In December 2008 I see an advert for a job on my Council's website. The job is advertised as Permanent. I apply for and get said job and start work in February 2009. My first contract arrives in the post. It says it is a Fixed term appointment for 12 months with a 6 month probationary period. I consult my line manager and he says this is normal and not to worry.

12 months pass (now at February 2010), I have a meeting with my line manager and he explains that it has been agreed my contract be extended for another 12 months, and if all is well at that time then the contract will be made permanent.

Another 12 months pass to the present and I have another meeting with my line manager, only this time he doesn't yet know what is happening (he is only a messenger from the senior management who make the decisions). All I am told is that I am still working for them and I will get a letter soon.

Today the letter arrived and it says I have been renewed until 31st August 2011, just 6 months!

My main questions here are:

Is it legal in the first place for them to advertise a job as permanent and then only give what is now 3 fixed term contracts in a row?

And

Since they told me I would be on a permanent contract from now if all was well, and they have only renewed for 6 months, do I have any kind of case against them?

It is not only me this applies to, they have done the same thing with all new staff since I started in 2009. Many people have left because they don't want the worry or the hassle, and no one seems to know exactly where the law stands with what is going on.

I await any help and advice you may have!

Googlewhacker

I can't see what you can do about it, you accepted the 12 month initially so you have accepted their terms and conditions originally. You should have made more of a fuss at the beginning if you didn't like it.

Pont

http://www.thompsons.law.co.uk/ltext/l0470005.htm

As far as I can tell there is very little difference between all types of contracts now. I believe you have to be offered a permanent contract after 4 years.

Googlewhacker

Pont wrote: »

http://www.thompsons.law.co.uk/ltext/l0470005.htm

As far as I can tell there is very little difference between all types of contracts now. I believe you have to be offered a permanent contract after 4 years.

The main differance for the employer is that it is alot easier to get rid of someone if you know their contract is running our in a few months rather than having to faff around through procedures etc.

Pont

Apologies - just noticed the date on the previous link - a little out of date! Google Business link, they have quite comprehensive guides on all types of contracts including fixed term ones. Perhaps also give ACAS a call to give you the low down.

As GW (above) suggests, it's a little 'naughty' of employers to behave in this way - but many do. However, you have the right not to suffer 'less favourable treatment' compared to permanent employees.

Redqueen

Also forgot to mention that in this latest letter for some reason "fixed term" has disappeared and been replaced with temporary, and that my supposedly current temporary contract is being renewed. I have never been on a temporary contract, all the others have been worded fixed term, and I know there are lots of important differences between the two. I won't be signing the acceptance of this latest renewal until that wording is changed at the least, else I'll be lucky to make it to August!

Redqueen

Googlewhacker wrote: »

I can't see what you can do about it, you accepted the 12 month initially so you have accepted their terms and conditions originally. You should have made more of a fuss at the beginning if you didn't like it.

I thought you officially enter the contract when you accept a job offer. If that is true, then at the point I accepted the offer the terms still were that the job was permanent. The written statement of particulars arrived about a week after I started working and only then did this 12 month fixed term thing appear. I've read elsewhere that this can be classed as a breach of contract on their part.

Anoyone else know anymore about this?

Googlewhacker

Redqueen wrote: »

I thought you officially enter the contract when you accept a job offer. If that is true, then at the point I accepted the offer the terms still were that the job was permanent. The written statement of particulars arrived about a week after I started working and only then did this 12 month fixed term thing appear. I've read elsewhere that this can be classed as a breach of contract on their part.

Anoyone else know anymore about this?

I'm only guessing but you then accepted a change in contract when they presented you a 12 month contract.

getmore4less

You have over 2 years continuous service.

have a read of the employment act

http://www.legislation.gov.uk/ukpga/1996/18/section/136
http://www.legislation.gov.uk/uksi/2002/2034/contents/made

AIUI they still have to make you redundant if they don't want to renew.
So the same as a permanent employee.

KiKi

^^ is correct.

Assuming that you have no breaks of service, the fact that your contract is fixed-term is now completely irrelevant. You have been there for longer than two years and therefore are entitled to the same T&Cs as any permanent employee. This means that if they want to get rid of you they still have to follow the same fair procedures. So the fact that your contract is ending is not enough - they would have to formally follow procedures to make your role redundant, and they couldn't then offer your job to anyone else immediately. They also have to treat you as per any other employee which means offering alternative employment (assuming they do this for permanent employees in the case of redundancy).

However, I would not be happy with being offered a 'temporary' contract at all, and I wouldn't sign it either. I would request that it was changed to fixed-term to protect you. You will need to negotiate here, and if they won't back down then put in a grievance. They cannot sack you on this basis, just as they can't sack any permanent person for then giving them a temporary contract. They can still only dismiss you 'fairly' as defined by law.

Request a meeting with HR to discuss the reasons for putting you on a temp contract; you can guarantee it will be to get rid of you more easily.

However, a word of caution: if you don't sign the temp contract it might be implied that you're happy to accept it by the mere fact that you continue to go to work every day. Therefore you need to put it in formally in writing (recorded delivery) that you do not accept the new terms, you need to have a formal meeting about it, record the notes of the meeting, and I would also advise you to request a written statement of what they are going to do given that you won't work under the new contract terms.

So from your perspective, forget the fact that your current contract is fixed term, and think about yourself as a permanent employee. Then think about what you'd do in this case now that they're offering you a temp contract.

Sounds to me like they're being very sneaky and are hoping you don't know your rights. Perhaps you should start looking for another job...

KiKi

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Get a digital recorder, don't tell them and record all your verbal contact.