Is there anything I can do....

Guest101

cupid07 wrote: »

Taken from fox williams:
Although the expiry and non-renewal of a fixed term contract is a dismissal, ordinarily the ACAS Code will not apply. However, it is best practice to go through a short process with the employee if there is not going to be a renewal of their contract. Note that, after 1 years’ service, fixed-term employees are entitled to a written statement of reasons for not renewing the contract.

If you are terminating employment prior to the end of a fixed term, ordinary unfair dismissal principles apply. The termination should be treated as if terminating a permanent contract and the ACAS Code should be followed if the termination is related to performance or conduct, or a redundancy consultation should be undertaken if relevant.

Good luck trying to "prove" its unfair dismissal when you have an end date in writing. A similar thing happened to myself on a fixed term contract, with two years service - you can only prove its "unfair" if you were dismissed on grounds of sexuality, gender, race ect. Trying to prove any of those things is extremely difficult. Therefore its just a dismissal and the OP may get about one/two weeks worth of redundancy money if they go to tribunal.

Then you missed the boat. The law is crystal clear on this.

cupid07

sangie595 wrote: »

You insist on what you want. The law says differently. As, in fact, does the quote you have posted - a redundancy consultation should be conducted, and that involves a FULL redundancy process as I have outlined. But the CAS code is no longer mandatory, so I do wonder when this was written. Certainly, your experience isn't any evidence that the law was followed in your case - it is just what happened to you.

Anyway, I am not going to argue any longer. I have given the correct advice and anyone who wishes to follow it may do so. If they would prefer to follow yours and give up, that is their prerogative.

All employers have to do is follow a)Written invitation to consultation meeting b)consultation c)The right to appeal.

If an employer fails to follow the minimum 3 steps the dismissal could automatically be deemed as unfair and taken to tribunal.

MOST will follow this procedure and work their way around the system. Who in their right mind would go to a tribunal if all these steps have been followed and the most they will get anyway is one weeks pay.

Guest101

cupid07 wrote: »

All employers have to do is follow a)Written invitation to consultation meeting b)consultation c)The right to appeal.

If an employer fails to follow the minimum 3 steps the dismissal could automatically be deemed as unfair and taken to tribunal.

MOST will follow this procedure and work their way around the system. Who in their right mind would go to a tribunal if all these steps have been followed and the most they will get anyway is one weeks pay.

1: That's completely different to what you said before


2: it's still not correct


B&Q have some shovels for sale, might help with the digging?

cupid07

Seems like you were the one who dug yourself a hole....in this thread too. https://forums.moneysavingexpert.com/discussion/5434354

I was right after all

Guest101

cupid07 wrote: »

Seems like you were the one who dug yourself a hole....in this thread too. https://forums.moneysavingexpert.com/discussion/5434354

I was right after all

Based upon what?


No-where does it say anything about who's right and who's wrong?


I've said the same thing there as I have here.

cupid07

Guest101 wrote: »

Based upon what?


No-where does it say anything about who's right and who's wrong?


I've said the same thing there as I have here.

Trying to make out that an end date on a fixed term contract means you can still go ahead with "unfair dismissal".

That thread backs up what i said, if theres an end date - no such luck.

Guest101

cupid07 wrote: »

Trying to make out that an end date on a fixed term contract means you can still go ahead with "unfair dismissal".

That thread backs up what i said, if theres an end date - no such luck.

Have you ever had a chat with someone, agreed what you both feel is correct only to find out you were both wrong? - That's what's happened here.


You were wrong, another person was wrong, but because you both thought the same thing, you feel that makes your position the (legally) correct one.


It's not.


If it was so, ALL EMPLOYERS would just offer ALL positions on FTCs.