Fixed-term contract Help needed

lindy418

I went for a interview for a perm job which I recieved a call back to say I would be fixed term for 6 month then taken onto perm contract so started the job March 1st 2010 then in July 2010 everyone was advised they would be made redundent by March 2011 and instead of a full contract I was just extended on same terms this has happened a couple of times now as the date was extended for redundency till september this year. A few weeks ago I was called into a meeting with a few others within our dept and was told we would be needed untill Feb 29th 2012 and that they was looking at a monthly bonus to help us decided to stay up in till this point I was not getting any money and this monthly bonus wasnt a small amount of money.

I was called back in today the 2 others who have full contact already receiving full redudency and other payments was called together where they have been advised they would be getting the bonus for staying the extra time as a disturbance payment and was very happy to get this I was then called in only to be told that I would be offered extended contract again till 29th Feb 2012 with all the same terms with same monthly pay but they was unable to offer the payment to me as im only fixed contract.

I am now requested to agree by friday. My contract I have to give them 2 months notices but they dont have to give me any. After reading Ending and renewing your fixed-term contract on the direct gov website (sorry cannot post link cos Im new) but does say you have the right to:

to statutory redundancy payments (after two years' service)

I'm confused as I was told in this meeting they would give me notice if they didnt need me but this also says if your fixed term for 2 years you get redundentcy. As you can see I started 1st March 2010 my new end date would be Feb 29th 2012 so I really need some help understanding where I stand.

Thank You

SarEl

If you have worked two full calendar years, then you have a right to redundancy pay (assuming there were no breaks in service during those two years), but it is correct that the employer does not have to serve you notice - or more to the point, they do have to serve you notice, but it is already contained in your fixed term contract, so re-issuinng it is a sensible precaution, but not required.

lindy418

There has been no breaks, They have been extended each time in writing but I would miss out by a day. The manager seemed surpised Id even been there 2 years the day after there asking us to say till. I just dont know where I stand with it ending the day before i would be there 2 years Im guessing nowhere

SarEl

Unless February has got unusually long in 2012, then 1st March 2010 - 29th February 2012 is two years! If you worked on 1st March 2012 that would be two years and one day! The contract would have to terminate on 28th to be under two years. The entitlement to redunancy pay is two years or more. Ergo.... Your employers appear to be unable to count. If you work (or are under contract to work) on 29th February 2012 you have, at the end of that day, completed two years employment.

lindy418

So as this new contract has not be signed yet as no paperwork was not given to me at the time, I am concerned that if i mention this before hand they will just let me go in September instead. They have already said if i dont stay I would be replace by temping staff which would cost them much more then keeping me through the fee they charge. Sorry for all the question you'd think after this being my 3rd job I have ever had and the 3rd time Ive been let go through cuts/moving I would be more clued up Thank you for your help

SarEl

You have no reason to mention this until, say, 29th February 2012! They are not responsible for telling you your legal rights - you are not responsible for telling them their legal duties.

lindy418

Quick update.

There are 4 of us meant to be staying everyone esle is either already gone or leaving end of sept with full payments along with extra bonus for staying longer. Now in a meeting all 4 off us was told they would be looking at giving us £500 a month for every month we stay uptill end of feb to unsure they have a full team, 2 weeks later the 2 full time perm was called in and was offered this payment the 2 of us on fixed term was told we would only be offered extension untill the end of feb and no payment as they are unable to pay out to us due to us being only fixed term contracts. I pointed out by the time this is up I would have been there 2 full years making me available for redundency in which he had told another member of staff that he was happy with this so i didnt think it would be an issue.

No a month later I still havnt been given my extension mine runs out end of this month and so does the other fixed term. Ive emailed and spoken to him a few times expressing my concern that I I wont get the extension and he has always told me its just HR being slow with them and dont worry, even had my review which he wrote thanks for agreeing to stay untill feb 2012. Last week I emailed him and HR as he said i would have it by the end of aug and still no extension but he or HR are not responding to me, he is working away but back tomorrow. I am so angry and stressed over the whole thing now as HR was in the building Friday and the other lady waiting for extension wasnt. I asked HR if i could speak to them and they said they had a few others to see first then towards the end of the day they came looking for the other lady but past a message onto my other colleague that they have called her and left hers on her desk, the HR lady didnt even look in my direction. I was sat there thinking well Im next then FINALLY then got up and saw out the window them all leaving!!!!

So with my boss and HR not returning my emails and this Im guessing now I have no job at the end of the month, I feel I have been treated so unfairly after how much I have put into this job.

Any help or advice would be greatfully recieved, ive got my cv written up this weekend and started sending it out as I cannot be without work (