Employment Law

slenderkitten

Hi I applied for a job and started it 3 months ago the advert say it's permanent.  We are a sub-contractor and operate on site, the contract ends in December but are in talks with them is what I have been told.

Can I ask if they can get rid of me if the contract is not renewed. 

housebuyer143

Yes, you have little legal rights at work until you have been there 2 years. They can make you redundant if the contract isn't renewed.

slenderkitten

What about false advertisement 

DE_612183

The contract you have is with the employer - they could say that they were hoping that the contract would be renewed or they got another contract with another company.

The job was advertised as permanent as that was what they expected - it's not false.

slenderkitten

Even at the interview they gave a clear indication that they were not sure! This is why I am asking. It took 3 months for me to get my employment contract. 

DullGreyGuy

With less than 2 years service you can be removed without reason other than for protected characteristics (gender, sexual orientation, religion etc)

Permanent/permies etc is terminology that really needs retiring. You are an employee with no fixed end date, there is very small prospects that you will be there permanently for the rest of your life. In the first 2 years it's easy to remove you. After 2 years it's more complex. Naturally you may also decide to move on or retire at some point too. 

General_Grant

slenderkitten said:

Even at the interview they gave a clear indication that they were not sure! This is why I am asking. It took 3 months for me to get my employment contract. 

So you had worked for 3 months before they wrote telling you who they were as your employer, what your pay would be, what your job would be, your hours of work and your holiday entitlement?

Dakta

Hi,

If the contract is required to maintain your position they could make you redundant - as long as the role is being made redundant and it's not discrimination as per the protected characteristics then this could of course happen.

Business sometimes comes and goes and I'm sure you'll appreciate no matter how you plan your business, what you expect to happen will not always bear fruit, so there has reasonably be some room for adapting and so the business may have employed you with all intents to have you permanently, but a change in business environment may make that untenable. Unfortunately, whilst I offer every sympathy to those affected,  that's the game of business and sometimes you do something hoping it will work out and have to backtrack, people are affected and it's not nice but it's also the only way to run a viable organisation.

Furthermore, as you've only been there 3 months from a legal standpoint the company can make a decision to let you go (with notice) for virtually any reason at all, excepting discrimination against the protected characteristics etc, so they could let you go if they wanted to, yes. 

Good news is, it sounds like the environment you are in is going to be stable for a bit longer, things can change, so hope for the best, plan for the worst - i.e time to have a shop around see what opportunities are out there  

slenderkitten

General_Grant said:

slenderkitten said:

Even at the interview they gave a clear indication that they were not sure! This is why I am asking. It took 3 months for me to get my employment contract. 

So you had worked for 3 months before they wrote telling you who they were as your employer, what your pay would be, what your job would be, your hours of work and your holiday entitlement?

 This is another reason why I am questioning what's going on. It says in on 6 months probation (I work as administrator) until they write confirming I have passed otherwise it's another 3 months.

When I got the contract it looked a bit amateurish as was supposedly with the solicitors. But there's no signature date below where I signed.  There is someone else who has been here longer than me they haven't had their contract yet and it's been almost 4 months for them.

lincroft1710

With less than 2 years service, they do not need to use the redundancy process, they can just dismiss you.

mr_stripey

slenderkitten said:

General_Grant said:

slenderkitten said:

Even at the interview they gave a clear indication that they were not sure! This is why I am asking. It took 3 months for me to get my employment contract. 

So you had worked for 3 months before they wrote telling you who they were as your employer, what your pay would be, what your job would be, your hours of work and your holiday entitlement?

 This is another reason why I am questioning what's going on. It says in on 6 months probation (I work as administrator) until they write confirming I have passed otherwise it's another 3 months.

When I got the contract it looked a bit amateurish as was supposedly with the solicitors. But there's no signature date below where I signed.  There is someone else who has been here longer than me they haven't had their contract yet and it's been almost 4 months for them.

others more clever than me might chip in but I don't think you should get too hung up on a contract. A contract can be verbal and if you're going to work and getting paid then it sounds like the nuts and bolts of a contract are there.

But in any case whether you contract is written or verbal or otherwise makes not much difference in this case as you are less than two years in to your employment - which means they can get rid of you for virtually any reason or no reason at all (with some exceptions as already mentioned by others)

It may well have been intended to be a "permanent" position (and may still be) but that doesn't mean that if things change (like they lose business of whatever) that they can't release you.