Permanent to FTC

asingh2021

Hi

Hopefully someone can advise me.

I have been with my current employer for 3 years. I wish to go for another position as the account i currently work on is unstable. The position i am going for is an FTC Mat cover however i beleive there will be further opportunities on that account in the future. My current manager will not second me. If i take the position will i lose my tenure? at the end of the FTC if there was nothing on offer would i be entitled to redundancy?

Thank you.

DayDreamerandGeneralWaster

No you don't get redundancy at the end of a fixed term contract. 

Marcon

asingh2021 said:

Hi

Hopefully someone can advise me.

I have been with my current employer for 3 years. I wish to go for another position as the account i currently work on is unstable. The position i am going for is an FTC Mat cover however i beleive there will be further opportunities on that account in the future. My current manager will not second me. If i take the position will i lose my tenure? at the end of the FTC if there was nothing on offer would i be entitled to redundancy?

Thank you.

You say your manager won't second you. How would you actually get the maternity cover post - by resigning if it's offered to you and then being re-employed?

yksi

It does sound like it doesn't it - if it's not a secondment then you'd be resigning in order to take up the fixed-term contract. FTC have both parties knowing that it's going to end (and in the case of a maternity cover, there's usually a clause that it can be ended early by the employer with minimal notice, because employment law requires them to give flexibility to the mother if she wants to change her return to work date).

Does your employer offer schemes such as a career break, which would mean you don't actually resign, and it would allow you to return to your old position after the FTC?

getmore4less

If it is the same employer and their is continuity then the service counts towards any redundancy situation (non renewal of a fixed term)



IT is pretty standard practice where a manager won't let you go to force their hand by resigning and starting with the new part of the company.


It then depends if the manager that wants to retain you has enough influence to block that hiring 


IT is important to keep continuity by not having a gap in employment.

Andy_L

DayDreamerandGeneralWaster said:

No you don't get redundancy at the end of a fixed term contract. 

You do, but since any sensible employee keeps the duration to < 2 years you have no entitlement to anything

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

DayDreamerandGeneralWaster

Andy_L said:

DayDreamerandGeneralWaster said:

No you don't get redundancy at the end of a fixed term contract. 

You do, but since any sensible employee keeps the duration to < 2 years you have no entitlement to anything

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

In this case of maternity cover of less than 2 years there will be no entitlement 😊

Andy_L

DayDreamerandGeneralWaster said:

Andy_L said:

DayDreamerandGeneralWaster said:

No you don't get redundancy at the end of a fixed term contract. 

You do, but since any sensible employee keeps the duration to < 2 years you have no entitlement to anything

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

In this case of maternity cover of less than 2 years there will be no entitlement 😊

Unless they keep continuity of employment from their current post

KiKi

DayDreamerandGeneralWaster said:

No you don't get redundancy at the end of a fixed term contract. 

FTCs have no bearing on whether redundancy applies, please don't make sweeping generalisations.  


OP, It depends on length of service.  In this case, 3 years' service, plus any mat cover, assuming no break of service, would mean redundancy applies, yes.

elsien

So if the employer insisted on a break in service in between the 2 roles, to prevent continuity even if they gave other reasons, would that be lawful? 

getmore4less

elsien said:

So if the employer insisted on a break in service in between the 2 roles, to prevent continuity even if they gave other reasons, would that be lawful? 

They would have to terminate the first contract, with 3 years service they would need a legal reason.

A  just not working does not count as a break if there is a contract in place.