advice needed re: internal job transfer

modhra_dubh

Hi,


I'm just asking for advice on a difficulty at work. I am currently employed on a permanent full time contract and applied for an internal new job within my company.


Due to my own naivety and excitement at securing a new role I did not clarify the exact terms of my new contract. I verbally accepted the job and my new contract has arrived. However, the details are that the new post is on a temporary contract. Funding is secured for a year but the temporary contract allows them to terminate it before the end of that year if necessary. Obviously this leaves me with no security (one year I could have accepted).


The contract needs to be signed and returned to be accepted, I am concerned that in raising this new contract I am now unable to decline this job and continue in my previous permanent role. The new contract has a start date for a couple of weeks time.
As I only received this Fri night I have not been able to speak to anyone at HR/work yet. My previous role has not been filled as the company is now not offering permanent contracts (informed of this in the week).


Is anyone able to offer an opinion before I see my current boss on Monday as to whether I can refuse to take on the new role and contract and they have to honour my current permanent role and contract.


Apologises if this is confusing, my own folly meant I did not ask these questions prior to receiving this contract !


Thank you

getmore4less

How long have you worked there?

If not happy turn down the job saying you are not happy with the terms offered.

When_the_going_gets_tough

I think it's a bit of a moot point - but more important, if you have been in your current post for less than 2 years they can dismiss you anyway without reason (generally) so tread carefully. I think a bit of conversation and negotiation is the way to go

modhra_dubh

I understand the 2 year rule limiting employment rights from reading this forum. That in itself does not concern me, I'm just trying to get an idea before tomorrow would the permanent contract now be ended regardless of whether I take up the new role. The change from permanent to temporary does state it is continuous employment.
Thanks

anamenottaken

modhra_dubh wrote: »

I understand the 2 year rule limiting employment rights from reading this forum. That in itself does not concern me, I'm just trying to get an idea before tomorrow would the permanent contract now be ended regardless of whether I take up the new role. The change from permanent to temporary does state it is continuous employment.
Thanks

If your employment continues - in a potentially "temporary" role or otherwise, all your employment time is continuous. The "temporary" role itself does not change the fact that you have continuous employment with the employer and in that sense it is "permanent". There really aren't permanent contracts, they are just ones which do not have a stated end date.

Does the new document you have say that your employment will be ended on a particular date?

ohreally

While the new post may be temporary, remind them that you are not.

As an alternative, could a secondment be arranged?

modhra_dubh

Thanks


the new contract states


Date of employment of temporary contract


Your temp employment with the organisation begins on **/**/2012 (which is the date I originally started with the company).
Your employment will commence on **/01/2014 and will last until approximately **/**/2015. The position is temporary and exact duration depends on Employers needs. The date of termination is therefore at employers discretion. There is no guarantee of further work when this current position comes to an end.


My concern is that they could terminate the contract at anytime between now and the date they have said it will definitely end in 2015.


Also not sure why it states temp employment began at original start date.


Am I reading this correctly or worrying unnecessarily?


Thank you

getmore4less

Once you 2 years they need a reason to terminate.

The common one for non renewal or early termination is redundancy.

The issue with the new job is that it is has a redundancy date in it, your cuurent job does not.

anamenottaken

modhra_dubh wrote: »

Thanks


the new contract states


Date of employment of temporary contract


Your temp employment with the organisation begins on **/**/2012 (which is the date I originally started with the company).
Your employment will commence on **/01/2014 and will last until approximately **/**/2015. The position is temporary and exact duration depends on Employers needs. The date of termination is therefore at employers discretion. There is no guarantee of further work when this current position comes to an end.


My concern is that they could terminate the contract at anytime between now and the date they have said it will definitely end in 2015.


Also not sure why it states temp employment began at original start date.


Am I reading this correctly or worrying unnecessarily?


Thank you

They've got the wording wrong. It should say "Your continuous employment with the organisation began on **/**/2012".

Do they have a decent sized HR department? They need to get that sorted.

modhra_dubh

Thanks,


I found that confusing but underneath that sentence it also says continuous employment under ERA 1996 begins on above date.


It is a large company so I can check with HR tomorrow.