Questions about Employment Contracts

Redqueen

Thanks getmore4less and Kiki! This is exactly the kind of information I and the other staff have been looking for, where exacty the law stands in all of this. My line manager is a bit peeved that he hasn't been consulted in the latest renweal process, so if I equip him with this information before he has discussions with the senior team it will be all the better! I will see what they say about the wording changing to temporary too, I think (or rather hope!) that it's just a mistake, I have never been on a temporary contract so how can they extend something that has never been there? Will keep you all updated on developments! Thanks again!

Redqueen

getmore4less wrote: »

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.

Just been reading through some of the legisation, it confuses me a bit to be honest, but I couldn't find where is says after 2 years you are permanent, only this:

Where this regulation applies then, with effect from the date specified in paragraph (3), the provision of the contract mentioned in paragraph (1)(a) that restricts the duration of the contract shall be of no effect, and the employee shall be a permanent employee, if—

(a)the employee has been continuously employed under the contract mentioned in paragraph 1(a), or under that contract taken with a previous fixed-term contract, for a period of four years or more


Seems like you need 4 years service according to this. Have I missed or not found where it does say 2 years? Sorry to be a pain, but I want to be sure I have everything right before I start saying things!

Pixiechic

Hi,

I hope this link helps:

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Fixedtermworkers/DG_175138

KiKi

Redqueen wrote: »

Have I missed or not found where it does say 2 years? Sorry to be a pain, but I want to be sure I have everything right before I start saying things!

Hi

An employer cannot keep renewing a FT contract for more than four years; after that time they have to offer you a permanent contract.

However! There really is very little difference between a permanent contract and a FT one, except the end date - because on a FT contract you have pretty much the same rights as all other permanent employees. Eg, no right to unfair dismissal in the first year (with some exceptions) but the right to it after 12 months.

So no, you're not permanent, but because your *total* service there amounts to more than one year then they can't just dismiss you (which is just the same as a permanent employee). They still have to follow all the correct procedures (like a permanent employee), and they can't just give you notice to leave (like a permanent employee). So your contract has an end date, but your rights are the same as someone who's permanent - does that make sense?

(The two years is in reference to receiving redundancy payments - sorry to confuse you.)

The ridiculous thing is that you were permanent previously (I assume for more than a year?) so your T&Cs (except the end date) were always going to be the same - they couldn't have just given you notice, even on your first FT contract, because you had more than 12 months service with them.

The only thing that a FT contract gives your company in your particular case is that it's easier to explain why your role is being made redundant as it was only ever for a fixed period of time (rather than making a permanent role redundant which might be more difficult to prove). But they still have to follow the same, fair procedures for it as they would for someone on a permanent contract.

The link the immediate previous poster has put up is very useful.

HTH
KiKi