Fixed Term Contract Redundancy

jimbo2010

Hi just looking for some help if possible, i will explain my situation below -

I started with my current company in May 2008 on a 12 months ftc to cover for maternity leave, the lady who came back only does 2 days per week so i have been there ever since. I had a letter yesterday stating that my ftc would be extended until the end of feb 2016.

I did not even get an extension to my ftc last year and in previous years it has not been extended because they have forgot and when i have asked in the past if i was getting a full time contract i have been fobbed off about not increasing the head count of permanent staff.

Can they just finish me at the end of feb without giving me any notice and what are my rights?

Any help would be grateful

sangie595

jimbo2010 wrote: »

Hi just looking for some help if possible, i will explain my situation below -

I started with my current company in May 2008 on a 12 months ftc to cover for maternity leave, the lady who came back only does 2 days per week so i have been there ever since. I had a letter yesterday stating that my ftc would be extended until the end of feb 2016.

I did not even get an extension to my ftc last year and in previous years it has not been extended because they have forgot and when i have asked in the past if i was getting a full time contract i have been fobbed off about not increasing the head count of permanent staff.

Can they just finish me at the end of feb without giving me any notice and what are my rights?

Any help would be grateful

Assuming that there is continuous employment, your rights are exactly the same as any other employees. So no, they cannot just dismiss you at the end of February. They would have to go through a redundancy process.

jozxyqk

Relevant thread here:


https://forums.moneysavingexpert.com/discussion/5336339


As the previous poster said, your rights are no different to a permanent employee if you have been there continuously for 8 years. The end date means you don't have to give or receive notice - but that doesn't mean they can just wave goodbye! Failing to renew is a dismissal and they have to give reason(s), e.g. redundancy - if so, they have to follow the redundancy process.


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


and: http://www.personneltoday.com/hr/terminating-fixed-term-contracts/


HR may well be surprised by this. Everyone assumes the expiry simply means the end. It doesn't.

getmore4less

One thing to note as you have been there 7 full years their statutory notice to you is 7 weeks and cannot be less.

sangie595

Although, assuming that they do follow a fair redundancy process (which I am not assuming)they have actually given seven weeks notice in serving the letter confirming the end date of the contract. Although technically the failure to notify of further fixed terms in the past means that that boat has sailed for the employer, it may not be easy to prove they didn't. So the strongest argument is around redundancy processes if they are introduced.

MEM62

Assuming continuous employment since 2008 you are no longer on a fixed term contract and have the same right/protection as any other permanent employee.

anamenottaken

getmore4less wrote: »

One thing to note as you have been there 7 full years their statutory notice to you is 7 weeks and cannot be less.

If the employer is saying the contract is ending at the end of February then surely they have given requisite notice?

Is it not just a matter of them being required to give a reason in writing for the dismissal and, if it is a redundancy situation, paying statutory redundancy (or whatever would be contractually due).

getmore4less

The current notice would have issues, to terminate by reason of redundancy you need to consult(can be very short with under 20) and that has not happened yet.

notice before consultation has risks for the employer.

The OP needs to work out what the employer is up to and what they want for the best way to approach this.

If the employer is trying to pull one then leaving it to closer to the time to remind them of there obligations.

they might be hoping the OP just gets another job so can avoid official redundancy notice and payment.

sangie595

anamenottaken wrote: »

If the employer is saying the contract is ending at the end of February then surely they have given requisite notice?

Is it not just a matter of them being required to give a reason in writing for the dismissal and, if it is a redundancy situation, paying statutory redundancy (or whatever would be contractually due).

I agree. But, as I said, whether a redundancy process is fair (assuming one is undertaken, and assuming they are actually made redundant) is the more important point. If the job is unique, then redundancy is because the role is no longer required, and as along as the employer looks for alternative positions that may be available, then it is very possible to prove a fair dismissal. But based on what the OP has sketchily said, I am going to assume that the job is in no way unique as a role. In which case, selection on the basis of being on a fixed term contract would, in itself, be an unfair dismissal. If the circumstances are the former, then the notice period is moot and the notice is contained in the contract. If the latter, then the notice period is moot because it would be an unfair dismissal anyway.

sangie595

MEM62 wrote: »

Assuming continuous employment since 2008 you are no longer on a fixed term contract and have the same right/protection as any other permanent employee.

That is not true. There is no such thing as a "permanent employee". It is a myth. Since all employees eventually leave their employment for one reason or another, nobody is permanent. Permanent workers are called slaves.

After four years on a fixed term contract the employee is entitled to ASK the employer to move them to a standard employee contract. If you do not ask, then it does not happen automatically.

Employment rights are not based on the form of employment contract in place - they are based on the length of service WHATEVER kind of employment contract you have. To do otherwise is in breach of the law.

If an employer fails to renew a fixed term contract before the end date and continues to allow someone to work as an employee, then they are deemed to have moved to a non-fixed term contract, but as I said, this can be difficult to prove unless the employer is going to be absolutely honest - and they often aren't if it comes to a dispute.