Renewing Fixed Term Contract - Terrible Empolyer

kiteboywales

Hi Im posting this for my partner
Basically she is on an 18month contract with a charity thats comming to end in April
My partner had previously worked art BT for 20+ years and this is the first job after BT - and what an experience she has had!
Basically the charity are terrible to work for - the staff that have gone through there in the time shes been there is shocking 
Some people literally last a day - theres basically 5 managers and their way is the only way - I think the work they do is OK  but how they treat staff is very poor
Pretty much all the staff that do work there hate these 5 managers - its a terrible atmos by the sounds of it
They dont like any questioning of anything and basically nothing goes unless they have come up with the ideas - proper old school place to work really
Since shes joined them weve found out that they don't have a good reputation at all 
Its come to the last straw as they are trying to claim my partner is now a key worker and is not allowed any flexible working (even though that was OK in March) when we have a 6 year old son who need looking after - they are basically using their charity status to bypass covid19 rules ....they are forcing staff to work from the office and furthermore are increasing the numbers of staff in the office - which is crazy to us at the moment - with this new strain and that
So they have said no to any flexible working and furthermore she has to go into the office now and she should in fact put our child into the school hubs for key workers
We do not want to do this at all as our child has never been to one of these hubs and would change his routine..... plus in no way is my partner a key worker- all she does is admin stuff and IT laptop work really
We have also tried the unpaid parental leave option but they even said no to that......so shes had enough now so the question is really at the end of her contract should she give the 2months notice that they require? Or do you leave it until the contract ends naturally and if they come with a new contract do you just turn it down at that point?
They are very sly and she wants to leave the place without them claiming they sacked her or that she resigned
She also wont get job seekers allowance but will this affect her national insurance (stamp)
Thanks for any advice - its that bad a place to work for that she would rather be out of work - even during these times

kiteboywales

Or does she just say shes not renewing the contract now?? Would that be perceived as resigning??? Does that matter for anything?

Marcon

What exactly does her contract say?

kiteboywales

Marcon said:

What exactly does her contract say?

Exactly - she doesn't know - Ive said it depends on your contract and to look at that - thinks shes is going to try and get a copy of contract tomorrow

Sncjw

What does the charity do? 

General_Grant

kiteboywales said:

Marcon said:

What exactly does her contract say?

Exactly - she doesn't know - Ive said it depends on your contract and to look at that - thinks shes is going to try and get a copy of contract tomorrow

Do you mean she has not received a written statement of the particulars of her employment, which are required to be given within two months of the start of employment?

74jax

What have you done previously with the 6 year old? 

Brynsam

kiteboywales said:

Basically she is on an 18month contract with a charity thats comming to end in April You need to know what the contract says, or failing that, did she get a letter/e-mail appointing her?
Since shes joined them weve found out that they don't have a good reputation at all You could have found that out before she joined them
 they are basically using their charity status to bypass covid19 rules Having charitable status doesn't entitle or enable them to do so
We do not want to do this at all as our child has never been to one of these hubs and would change his routine..... plus in no way is my partner a key worker- all she does is admin stuff and IT laptop work really Children are having their routines changed the whole time, but if your partner isn't a key worker she's not entitled to send him to school. Maybe check with your son's school to see what they think about her 'key' status, which should help to settle the matter
We have also tried the unpaid parental leave option but they even said no to that......so shes had enough now so the question is really at the end of her contract should she give the 2months notice that they require? Or do you leave it until the contract ends naturally and if they come with a new contract do you just turn it down at that point? Depends what the contract says. How do you know they require 2 months notice if she has no contract/written statement of particulars? If she has no contract/written particulars, and her employer declines to supply them, she could consider giving statutory notice: one week
They are very sly and she wants to leave the place without them claiming they sacked her or that she resigned Saying they are 'sly' is irrelevant. The employer will correctly say that she resigned; she declined to renew her contract; they declined to renew her contract; or that they sacked her. Take your pick, but if she would sooner be out of work than work there, why the hesitation?
She also wont get job seekers allowance but will this affect her national insurance (stamp) All the information you need should be readily available here/by following the relevant links: https://www.gov.uk/benefits-calculators
Thanks for any advice - its that bad a place to work for that she would rather be out of work - even during these times

Please see above.

kiteboywales

Thanks all there's some excellent points there...we wernt sure about the resigned thing... and we didn't know about their reputation beforehand. She wanted a job and step change in her life and this seemed like a great opportunity when she first went for it

She knew within 2 weeks that they were terrible to work for and has done well to hold on this long

My partner works really hard and doesn't want to be sacked which they have no grounds to anyway.....they sow a culture of fear there

In march we both did half a day each and then caught up the hours in the evenings

getmore4less

Often a work to rule, especially covid workplace redulations, risk assessment, 

become less flexible,

challenge the operation,

can work making renewal less likely. 

juraj.kecso

Hi,

If your partner is on a fixed-term contract (with an end date) and neither she nor the company intend to extend this contract no formal notice is required (technically, a notice of termination commenced on the day the contract was signed). Any further notice would only need to be given if either party wanted to end the contract before the end date.

On the appointed date the contract stops being valid and your partner stops being an employee.

However, there is nothing wrong with contacting the line manager, making them aware of the fact that the contract is due to come to an end and ask whether there are any plans to extend.

If your partner really wants to leave immediately, she can also resign with immediate effect (but will forego any notice pay entitlement). You will need to seek advice on any impact this could have on benefits etc.

If your partner is too stressed about working there, I'd suggest speaking to the GP.