Fixed term contract - redundancy

southernmonkey

Hi all - I'd be grateful for some advice from anyone that knows contract law.

I was employed on a 2 year fixed term contract to work on a project.

As the project workload decreased and eventually came to a close, I started working on the day to day business. In the meantime, 2 more people were taken on permanently to do the same work as me. One other member of the team is there on secondment from elsewhere in the business, also a permanent member of staff.

My contract was extended for a few months. I have now been told that my employer does not want to renew my contract.

As far as I'm aware, to end the contract would legally be a dismissal. This will be on the grounds of redundancy (although the team is still more than busy enough).

Since I was told my contract is not being renewed, I have not been given any objectives, and those that were intended for me have been dished out between other team members, although there are still 4 months left on my contract.

Am I being treated fairly?

Thanks

Scorpio33

I am confused.


You state you are on a fixed 2 year contract.
Then you state the contract was extended.
Then you state you have 4 months left on the contract.


If you are on a fixed term contract, they would pay you for the length of the contract. If they want to terminate that agreement earlier, it would depend on the terms of the contract - it may state that it can be terminated by either party with no notice. Check the contract.


Either way, if the contract has ended and they "are not renewing", then you are out of contract, so no notice required.

pathtofreedom

If you're on a fixed contract you're not an employee. Even if you were you need to work somewhere over 2 years before you could get any sort of money, which might only be statutory redundancy which is like ssp.

If you were employee with less than 2 years they can give notice with no reason, unless they are trying to dismiss you based on a protected reason eg disability, sex, race then you might have a case. Again though you're not an employee, and this doesn't apply. If you were it would cost you £1200 to start a tribunal, assuming they said something like we don't want women working here any more, which I doubt they'd say.

Read your contract and see what the minimum notice is they can give you within that 2 years. Just make sure what you've been told matches that. Do your cv and start looking for something else. It doesn't matter what they are doing with anyone else working there as you're not an employee your a contractor.

southernmonkey

As far as I'm aware, it isn't as simple as letting a contract expire - the end of a contract has to be a dismissal.

I can't post links, but if you Google 'end a fixed term contract', the first link is a gov.UK link that gives details.

southernmonkey

I'm definitely not a contractor. A contractor. A contractor usually works for another Ltd company, often run by themselves, and that company deal with their payroll and tax.

I am an employee of this company, I have a contract with them, which is fixed term, and I'm paid through their payroll. I have more than 2 years' continuous service with them.

pathtofreedom

What exactly does your contract say. We can only guess from what you're telling us. The contract should show the details for if they or you want to end it early and how much notice it is. If it has an end date and they don't want to renew you then you just have to leave, that's what you agreed to when you signed it.

southernmonkey

Sorry - I realise I may have confuses things using the term 'contract law' - what I meant was 'employment law' - it's definitely a fixed term contract of emplyment.

southernmonkey

As above, if you Google 'end a fixed term contract' (sorry - new account, can't post links) then the first result is the gov.UK page that explains the situation. I.e. the end of a fixed term contract of employment is a dismissal.

The contract was initially 2 years, but has been extended already, meaning that I already have 2 years in the job.

jozxyqk

It's amazing how many employers (and employees for that matter) don't understand how FTCs work.

If your contract has been extended so that you've worked there more than 2 years, you have the same redundancy rights as a permanent employee.

Even though your contract has a closing date, you're still (most likely) being dismissed on grounds of redundancy and should be treated accordingly (e.g. consultations, being provided details of other roles you could apply for). And you should be entitled to statutory redundancy pay and any untaken annual leave.

Meanwhile I suggest you look for another job, at least you have 4 months notice to do so. Once your employers realise that you're leaving they may turn round and offer you a post.

pathtofreedom

What does your contract say though? Was there an end date?

I think this is what you were trying to link to before but this also says if they don't renew you just leave.

I think you need to find the contract you signed and read it to understand how it works. When you say it was extended are you already in that extended time, or in the same first 2 year part? Either way what date was it extended too, and what is the notice period for either party if they want to cancel the contract.

https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

Ending a fixed-term contact

Fixed-term contracts will normally end automatically when they reach the agreed end date. The employer doesn’t have to give any notice.

southernmonkey

As far as I'm aware, it isn't as simple as letting a contract expire - the end of a contract has to be a dismissal.

I can't post links, but if you Google 'end a fixed term contract', the first link is a gov.UK link that gives details.