Fixed Term Contract Help please

Omalley999

Wondered if anyone could give me some assistance.

I am working for an organisation which is funded by government funding which they have to apply for each year.
My contract is for a fixed term of 5months with possible extension of 1 year subject to them getting further funding and acceptable performance.

I understand from a colleague that the funding for the next 12 months has been confirmed, but I don't get on with my manager and the targets he set me were unattainable in just 5 months, so I think they will try to sack me or not renew / extend my contract at the end of September when the "fixed term" ends.:(

Can they legally do this and do they have to give me a reason ?

I did ring ACAS but they said that they didn't know the legal position but thought they probably could not renew my contract, however it would be "best practice" for the employers to give a reason though they didn't think they were obliged to do so.

Thanks in advance

thunderb0lt

Apparently no notice required...

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

Omalley999

Thanks for the link even though it's not good news
Does it not matter that the contract said possible renewal subject to funding and now the funding has been awarded - so that criteria has been satisfied?

scheming_gypsy

Nope, your contract ends in a few weeks, they're not obliged to extend it just because funding is available. They can let your contract expire and take somebody else on for the remainder.

Professional

Unfortunately fixed contract employment means your employer will always hold all the aces. Once you're contract ends they are under no obligation to renew it.

I would suggest however that if you feel your targets are completely unrealistic with the resources at your disposal and you can clearly demonstrate this then you tell your manager this. If your manager refuses to listen to you then you could explore talking to his manager or whoever is above them. If you early on mark out that your targets are unrealistic then it may be tougher for them to then get rid of you on the basis that you didn't achieve them. Alternatively they may adjust your targets which you can then achieve.

In the meantime I'd say keep an eye out for jobs relevant to your field and experience.

SarEl

Professional wrote: »

Unfortunately fixed contract employment means your employer will always hold all the aces. Once you're contract ends they are under no obligation to renew it.

I would suggest however that if you feel your targets are completely unrealistic with the resources at your disposal and you can clearly demonstrate this then you tell your manager this. If your manager refuses to listen to you then you could explore talking to his manager or whoever is above them. If you early on mark out that your targets are unrealistic then it may be tougher for them to then get rid of you on the basis that you didn't achieve them. Alternatively they may adjust your targets which you can then achieve.

In the meantime I'd say keep an eye out for jobs relevant to your field and experience.

Whilst I cannot disagree with this advice in theory, I cannot see that it is entirely practicable in reality. You say that you already do not get on with your manager, and you have been there less than 5 months. Going over their head to their manager with complaints of unrealistic tergets would not, in my opinion, make it tougher to get rid of you - it would almost certainly guarantee that you are out of the door as soon as it can be arranged.

Whilst it may not feel like it now, you may find that in the longer term, circumstances could be worse. At this stage, if you are correct, then the employer simply lets your contract run its course, and you leave with "left due to completion of fixed term contract" on your record, and a reasonable or even good reference.Let's face it - if your didn't have a fixed term contract then at five months they can still get rid of you really easily, but it's a lot more "bother" for both of you and the reference reads "dismissed for inadeqaute performance" or "failed probation" which is a lot harder to explain.

So I think in your shoes I might suggest that you "grin and bear it" - start looking for other employment; ctach you manager in a good mood (ok, may be difficult, but try ) and mention that you appreciate it's a fixed term contract and you'll be diappointed to leave necause the job has been challenging but enjoyable, but you appreciate their issues with funding et al (don't let on you know anything) and would it be ok if you put down the managers name as a reference in applications, because you feel that they have a good grasp of your skills and would be a good referee.

In these circumstances, nobody is going to refuse (and you don't actually have to use them if you don't want to - but equally you may need them!), so the worst case scenario is that you will get an equally insincere "Yes, very happy to, we'll be sorry to lose you". On the other hand you might just be surprised! You might get - I have been meaning to talk to you, we have more funding, we'd like you to stay for another year, we've been quite impressed...".Pretty much everyone in these sorts of jobs with government and public sector money involved have impossible targets and too much to do, managers included, and you may just find that what you deem as not having done well enough to meet them may actually be better regarded than you think.

Omalley999

Thank you SarEl et all for your replies, I couldn't get online yesterday so sorry I'm a bit late.

I will see if I can have a word when my manager is in a good mood if that happens between now and the end of the month

I am looking for another job just in case and as you say "left at end of fixed term" will look better on my CV and reference than any alternative.

Legally do they have to give me a reason or can they just say "we are not extending your contract - goodbye" ?
If I'm reading the Directgov site correctly it looks like I'm not entitled to any reason etc unless I've worked 12 months. If they are obliged legally to give me a reason I'd like to have it, but if they are not I don't want to rock the boat too much and jepoardise my reference.

Thanks again everyone

SarEl

They aren't required to give you one - and even after 12 months "end of fixed term contract" is good enough! Just play it noce and calm - you alwsys knew this could happen so it isn't a huge surprise. Worst case is that you are out of a job and need to find another one, But I do recall, way back when the Ark kanded, having a boss who hated me to death. Nothing I could do was right. Absolute b^^^d. never said a good thing about me. Until I left. After whih I was the greatest lawyer he had ever met (and he tried to convince me not to leave) - turned out that he thought that Pushing me to the limit would make me better. He might have been right. Unfortunately, it wasn't for him! Some managers are just not very good at managing.

Professional

SarEl wrote: »

Whilst I cannot disagree with this advice in theory, I cannot see that it is entirely practicable in reality. You say that you already do not get on with your manager, and you have been there less than 5 months. Going over their head to their manager with complaints of unrealistic tergets would not, in my opinion, make it tougher to get rid of you - it would almost certainly guarantee that you are out of the door as soon as it can be arranged.

Depends how far down the river the OP is with his manager. The poor relationship means that he will likely be out of the door as soon as it is convenient anyway i.e. end of contract.

Raising with senior management that the targets are unrealistic would make the managers ploy of getting rid of him due to failure of hitting targets harder but you're right in the sense that it is unlikely to actually prevent it happening. It seems the writing is on the wall.

Perhaps a better solution would be if you try and re-build the relationship with your manager as much as possible and at least then you can come away with a positive reference. No one is going to ask you to put on your CV why you left a job, any information regarding this will most likely be obtained from a reference. So will your manager say in your reference that you left due to end of contract or something else? Well depends if you've got back in his/her good books

miss_homme

My friend was in the same boat. He was told his FTA contract would not be extened by the boss from hell! Luckly the decision wasn't hers and he was made permanent.

Omalley999

Thanks everyone.
I am being as nice as I can to my manager so hopefully it will "pay off" in the end. Reading between the lines of our conversations I reckon I'm going at the end of the month.
So I have stepped up my search and started to get my CV updated.

Thanks again everyone. :beer: