PERM TO FIXED TERM

GassObv

Hi guys I’m looking for some information.   I’ve been with my company now for 6 years.  It was announced that I was being made redundant on the 12th September. However I found a new role within the company so I just transferred my role.  Now I’ve only been there a week and another job offer has come up which is too good to turn down.  Now on the system HR think I’ve left the company. But my line manager has now emailed them saying that I transferred.  I signed a fixed term contract as I was under the impression it was going to be made permanent. However after joining there is a guy who’s been on fixed term now and he’s been there nearly 2 years and they just keep extending it. That’s great but I like security.  Now when it was announced I would be made redundant. There was an email address to email for any questions throughout the process. I’ve been told if I leave now I would lose my redundancy. Which is a shame as I’ve only been in the new position for a week. Secondly they said I would get my redundancy if I wasn’t made permanent at the end of the fixed term contract (Sept 2021).  I tried asking about the 4 week trial but that was only for positions that they made ‘new’. Basically they made redundant 4 positions and introduced 2 new positions. If I had applied for them positions I would be entitled to 4 week but apparently I’m not because I transferred into a new role. Any help would be appreciated 

Comms69

FTC and perm are no different really. 

The redundancy process is basically the same

Xbigman

You were about to be made redundant.
You voluntarily transferred to a new role.
The new role is fixed term.
Another job outside the company has come up.
If you were on 4 weeks trial you could resign and keep your redundancy, but the company says you are not.
Is that about it?

I think they are right. A four week trial is usually something offered or requested during consultation. If it hasn't been mentioned up to this point I don't think there is an automatic right to it after the new role has started.
If the new job is that good then move on. If security is more important to you then stay, but a fixed term contract is not as secure as an open ended one as you tend to be the first one out if someone has to go. That said, once you get to 2 years service the fixed term is effectively meaningless as far as general employment rights are concerned.

Darren

JReacher1

Xbigman said:

You were about to be made redundant.
You voluntarily transferred to a new role.
The new role is fixed term.
Another job outside the company has come up.
If you were on 4 weeks trial you could resign and keep your redundancy, but the company says you are not.
Is that about it?

I think they are right. A four week trial is usually something offered or requested during consultation. If it hasn't been mentioned up to this point I don't think there is an automatic right to it after the new role has started.
If the new job is that good then move on. If security is more important to you then stay, but a fixed term contract is not as secure as an open ended one as you tend to be the first one out if someone has to go. That said, once you get to 2 years service the fixed term is effectively meaningless as far as general employment rights are concerned.

Darren

Are you right about the two years? As the OP has already done six years and just moved into a fixed term contract at the same company won’t their terms of service have been protected so they have already done six years. 

Comms69

JReacher1 said:

Xbigman said:

You were about to be made redundant.
You voluntarily transferred to a new role.
The new role is fixed term.
Another job outside the company has come up.
If you were on 4 weeks trial you could resign and keep your redundancy, but the company says you are not.
Is that about it?

I think they are right. A four week trial is usually something offered or requested during consultation. If it hasn't been mentioned up to this point I don't think there is an automatic right to it after the new role has started.
If the new job is that good then move on. If security is more important to you then stay, but a fixed term contract is not as secure as an open ended one as you tend to be the first one out if someone has to go. That said, once you get to 2 years service the fixed term is effectively meaningless as far as general employment rights are concerned.

Darren

Are you right about the two years? As the OP has already done six years and just moved into a fixed term contract at the same company won’t their terms of service have been protected so they have already done six years. 

Exactly this

GassObv

JReacher1 said:

Xbigman said:

You were about to be made redundant.
You voluntarily transferred to a new role.
The new role is fixed term.
Another job outside the company has come up.
If you were on 4 weeks trial you could resign and keep your redundancy, but the company says you are not.
Is that about it?

I think they are right. A four week trial is usually something offered or requested during consultation. If it hasn't been mentioned up to this point I don't think there is an automatic right to it after the new role has started.
If the new job is that good then move on. If security is more important to you then stay, but a fixed term contract is not as secure as an open ended one as you tend to be the first one out if someone has to go. That said, once you get to 2 years service the fixed term is effectively meaningless as far as general employment rights are concerned.

Darren

Are you right about the two years? As the OP has already done six years and just moved into a fixed term contract at the same company won’t their terms of service have been protected so they have already done six years. 

Hi. What do you mean exactly?  I’ve been with company for 6  years now and they told me my redundancy is deferred so if I’m not offered permanent I will still receive my redundancy that’s what I’ve been told 

KiKi

You have 6 years' continuous service, so if your role is made redundant at the end of the FTC and not renewed, you'd go through that process again and, assuming there is no other role, receive redundancy pay.  If you choose to leave for a new role, you won't receive redundancy pay.
The 4 week trial period is down to company policy (it's not a legal thing).  They've decided it doesn't apply in your case because it doesn't apply to transfers, only to new roles, so unless they are going against a written policy, I don't think you have an argument here.  Sorry, but well done on getting another job.
Note: if you like security, you may want to evaluate your choice.  Guaranteed role for the fixed term (hopefully) and 6 years' redundancy pay if not, vs brand new role with very few unfair dismissal rights and no stat redundancy pay for two years.  Tricky one, but you know your current company culture, and if they are likely to keep you on, you've got continuity of service.  You won't have that in a new role outside the company but, of course, that new role might be 'permanent' and better paid so...!  

GassObv

KiKi said:

You have 6 years' continuous service, so if your role is made redundant at the end of the FTC and not renewed, you'd go through that process again and, assuming there is no other role, receive redundancy pay.  If you choose to leave for a new role, you won't receive redundancy pay.
The 4 week trial period is down to company policy (it's not a legal thing).  They've decided it doesn't apply in your case because it doesn't apply to transfers, only to new roles, so unless they are going against a written policy, I don't think you have an argument here.  Sorry, but well done on getting another job.
Note: if you like security, you may want to evaluate your choice.  Guaranteed role for the fixed term (hopefully) and 6 years' redundancy pay if not, vs brand new role with very few unfair dismissal rights and no stat redundancy pay for two years.  Tricky one, but you know your current company culture, and if they are likely to keep you on, you've got continuity of service.  You won't have that in a new role outside the company but, of course, that new role might be 'permanent' and better paid so...!  

Ah I understand what you mean.   It’s really difficult. I guess of course if I’m not made permanent I walk away with my redundancy. The job I’ve been offered is citizens advice. It’s 9-5 Monday Friday.  Where the one I’m doing now is Tuesday-Saturday one week 7-4 and the other 11-8.  So it’s really hard decision to be made. 

GassObv

This is the reply that I had from the redundant team

Good Morning

Thank you for your email.

All colleagues that secured a permanent position in the business as part of the application process for the new management structure roles have a 4 week trial.

In addition to this the business offered the opportunity for colleagues that were at risk to apply for fixed term contracts to support through peak with a deferred redundancy until the 9th January 2021. As this is a fixed term contract there is not a trial period.

I would suggest you reach out to your Line Manager and Regional Manger in the first instance to discuss the process and communications they would have provided to you regarding both the permanent process and fixed term process and details applicable for both. My understanding was this would have been information you would have been provided as part of each of the processes above dependant on which was applicable to you.

Kind regards,

Now I find that mental that permanent position are allowed to a 4 week trial but my position isnt. 

Comms69

It's 3 months of guaranteed work, then a redundancy payment - is that such a  bad thing?

GassObv

Comms69 said:

It's 3 months of guaranteed work, then a redundancy payment - is that such a  bad thing?

Sorry I should of said, that isn’t the role I have. Mine is fixed term 12 months. But obviously the redundancy is great but then having to find another job offer is the worry as the one I’m being offered now is 9-5 min- Friday.    I suppose because of the the guys in the office is also on fixed term and has been there now 18 months it worry’s me because they haven’t offered him a perm contract