Fixed Term Contract

mellymoo74

I have been working for a company for 6 months on a 6 month FTC this is due to end on 31/10/2012.
However they have been trying to extend this and have not as yet succeeded what I want to know is do I turn up for work on Thursday? Or not I am told that as I have not been given notice I should but im not sure whether that is true and I should push to be made a leaver?
Any advice

jamiecg

I'm no expert but based on previous positions the fta'S still have to be given notice so you should of still been advised in writing, if it goes after your end date we used to then turn automatically into a rolling contract

mellymoo74

Thanks Jamie, thats what I thought ok so at least I know I will be paid.

:j

KiKi

Sorry, that's not correct. If your contract is ending on a specific date then the employer is not required to give further notice.

They would have to give notice if ending it early (if your contract allows), and you could claim breach of contract if it doesn't. And if you met the requirements (1 / 2 years, no fair reason for contract ending) you could potentially claim unfair dismissal.

But for 6 months, the contract - and your employment - ends on the specified date and no additional notice needs to be given.

HTH
KiKi

RedSoleShoes

Despite the fact that your original contract was for 6 months, ending a contract is still a dismissal and your employer needs to show a fair reason why your contract is not being renewed. Another thing you should be aware of is that people on FTCs have exactly the same rights as a permanent employee and companies should not be using FTCs unless for a definite reason such as maternity cover or to cover a particular project. If the role you are covering is actually a permanent role then they should not have taken someone on a fixed term. Unfortunately, as you have only been there 6 months, you do not have enough service for the greater employee rights but if you turn up for work after the end of your contract and they allow you to work then you have an implied contract and are entitled to statutory notice.

anamenottaken

RedSoleShoes wrote: »

Despite the fact that your original contract was for 6 months, ending a contract is still a dismissal and your employer needs to show a fair reason why your contract is not being renewed. Another thing you should be aware of is that people on FTCs have exactly the same rights as a permanent employee and companies should not be using FTCs unless for a definite reason such as maternity cover or to cover a particular project. If the role you are covering is actually a permanent role then they should not have taken someone on a fixed term. Unfortunately, as you have only been there 6 months, you do not have enough service for the greater employee rights but if you turn up for work after the end of your contract and they allow you to work then you have an implied contract and are entitled to statutory notice.

That may be your opinion of proper behaviour but it is not the law.

KiKi

RedSoleShoes wrote: »

Despite the fact that your original contract was for 6 months, ending a contract is still a dismissal and your employer needs to show a fair reason why your contract is not being renewed.

They don't need a reason for 6 months - only after 12 months.