Local Government continuous service and Fixed Term Contract

NJane_2

I have worked in Local Government for over 15 years and have recently been offered a Fixed Term Contract with another Local Authority, for approx 14 months. If the FTC does not continue, will I be entitled to redundancy payment for my continuous service in Local Government? Or do I waive the right because I have accepted an FTC? Thanks for any advice.

Silvertabby

No - expiration of a FTC is not classed as redundancy.

sangie595

Silvertabby wrote: »

No - expiration of a FTC is not classed as redundancy.

Incorrect. Continuous service across associated employers - which local authorities are - means that the whole service counts. And it is many, many years since the expiration of a fixed term contract was not classed as redundancy. Sometime in the 1990's. People on fixed term contacts must be treated in exactly the same way as any other employee, and if they have more than two years service, redundancy processes applies if the post comes to an end.

Silvertabby

Sorry - should have said that I was talking about the LGPS pension scheme - which won't pay out on redundancy terms (ie, no reduction for early payment) at the end of a FTC. If OP is over 55, he/she would still have the option of taking their pension benefits, but they would be subject to a hefty reduction for early payment.

sangie595

Silvertabby wrote: »

Sorry - should have said that I was talking about the LGPS pension scheme - which won't pay out on redundancy terms (ie, no reduction for early payment) at the end of a FTC. If OP is over 55, he/she would still have the option of taking their pension benefits, but they would be subject to a hefty reduction for early payment.

What are you clammering on about? There was no question about the pension scheme. You told someone that they were not entitled to a redundancy payment because they were on a fixed term contract. That advice was totally opposite to the actual legal situation. There is not a shred of doubt about what you said, and it was wrong.

Whether or not someone might be able to take pension rights depends upon continuous service and age. Not that they were asking about it. Because due to changes in the local government pension scheme most serving employees now must serve until at least 60, and possibly older. Very few people can still take their pension at 55 at all - which you would know if you knew anything about local government pension schemes.

Really, you don't know what you are talking about, and you are playing with someone's real life here. Stop advising on local government service because you don't know anything about it.

OP, if you want to take the job then you can. Your entire package of local government rights and entitlements will still be protected and that will include your rights to be considered for redeployment to suitable alternative employment. If in any doubt due to the bad advice of the other poster, you can contact either your union or HR, who will confirm what I have just told you.

Silvertabby

sangie - do calm down dear! My only error was in switching from the pensions board to this, still with my 'recently retired LGPS pensions administrator' hat on !

You are wrong about 60 being the minimum access age for the LGPS - since 2014 current members may 'retire' and opt to take their pension benefits from 55, subject to a reduction for early payment. The only people still covered by the minimum age 60 rule are those who left (with deferred benefits) on or before 31 March 2014 - which clearly isn't the case here.

sangie595

Silvertabby wrote: »

sangie - do calm down dear! My only error was in switching from the pensions board to this, still with my 'recently retired LGPS pensions administrator' hat on !

You are wrong about 60 being the minimum access age for the LGPS - since 2014 current members may 'retire' and opt to take their pension benefits from 55, subject to a reduction for early payment. The only people still covered by the minimum age 60 rule are those who left (with deferred benefits) on or before 31 March 2014 - which clearly isn't the case here.

Do not patronise me. Your only mistake was getting the law entirely wrong and then attempting to suggest that you were talking about something that wasn't even asked. As a local government union official, I think I know what I am talking about - something you clearly don't. You advised someone contrary to the law of the land.

Other than that I am not going to enter into further argument with you - the local government you appear to work for is clearly one that isn't in our organising region and operates differently than ours.

OP. I repeat. You can take a fixed term contract with no impact on your redundancy entitlements.

Silvertabby

Ah - union official - that says it all!

sangie595

Silvertabby wrote: »

Ah - union official - that says it all!

Yas it does. And evidently it says "knows what they are talking about".

NJane_2

Silvertabby - I hadn't mentioned pension, just FTC & redundancy! In future please read the post carefully before you give a response.
Sangie595 - thank you for the advice & reassurance 😃

sangie595

You are welcome. Hope it all goes well for you.