How many times can temporary contract be renewed?

singingsister

My hubby started a job last September which at the time he knew was a 6 month contract. Since then he's been offered another 6 month renewal and today been told they are extending for another 3 months.

I thought after a year of continuous employment they couldn't do this and either had to terminate employment or give permanent contract but I may be wrong.

Also I am going back to work shortly after maternity leave but don't know if this new extension means hubby can't claim childcare vouchers through his employer (they do offer)as I believe it's just for "permanent" employees.

If he can't then we are a bit stuffed!

Can anyone help?

TIA

Axled

I know of people that have been on temporary (1 year mainly) contracts for many years. I believe that rights increase after a certain time (I think 2 years) but not sure. I am currently on a temporary contract and qualify for childcare vouchers so maybe he could write to HR and see if they are willing to change that?

Not a fact, just my experience.

KiKi

singingsister wrote: »

My hubby started a job last September which at the time he knew was a 6 month contract. Since then he's been offered another 6 month renewal and today been told they are extending for another 3 months.

I thought after a year of continuous employment they couldn't do this and either had to terminate employment or give permanent contract but I may be wrong.

You're wrong!

Some things you need to know - assuming he is an employee on a fixed term contract and not a temporary worker:

* Being on a fixed term contract is pretty much the same as being on a 'permanent' contract, except there's an end date. An employer can't discriminate against him for being FTC (with some minor exceptions). What this means is that the same rules for 'permanency' apply to people who are FTC AND people who are permanent. Which means that if you don't have two years' service, then you can be dismissed for pretty much any reason anyway - whether you're FTC or perm. So there's no less 'security', legally speaking, for him being FTC than on a permanent contract
* After two years, assuming he has no break of service, then all the same rules of unfair dismissal apply to him as to someone who's perm. Which means that they cannot just end his contract. They would have to go through a formal redundancy process, just as they would with a permanent person, and he would get redundancy pay. So if he gets to two years as an FTC then they have to treat him as if he were permanent as far as ending his contract goes.
* There is no right to become permanent. However, if the contract has been renewed for four years without a break of service, then he has the right to ask to be made permanent and, without a very good reason, they have to agree

Also I am going back to work shortly after maternity leave but don't know if this new extension means hubby can't claim childcare vouchers through his employer (they do offer)as I believe it's just for "permanent" employees.

If he can't then we are a bit stuffed!

Again, assuming he's on a FTC and isn't a temporary worker...

The law does not allow for people on FTC to be treated differently to a comparable permanent employee (see 2002 Fixed Term Employees Regulations) - unless there's very good reason for it which can be objectively justified. For eg, it wouldn't always make sense to give a company car to a FTC who's there for 8 weeks because of the cost involved, and there are other ways to travel. However, childcare vouchers are not difficult to administer and an employee benefit which I would have thought should be available to all employees, perm or otherwise. I'd be challenging that one, and asking for their reasoning. Don't forget, though, that they can end his contract with appropriate notice at any time before two years' service.

HTH
KiKi

TELLIT01

There is certainly nothing in law to say that an employee on fixed term contracts has to be made permanent after 12 months. My brother-in-law works for Royal Mail and was with them 3 years before his fixed term contracts changed to permanent employment. The other side of the coin, my wife was on fixed term 6 month contract which was extended to 9 and then she was made permanent. The policy of the company she works for is that staff will generally be made permanant after 12 months so I guess she impressed them!