'Acting Up' - How long until it's permanent?

furmedge78

Hi all, I've searched the forum but can't find anything that covers my question.  My former manager resigned from the company in 2023, and from February last year I've been in the role temporarily 'acting up' with my contract being extended every few months.  I'm a permanent member of staff having worked for the company for a total of 9 years.  As of the end of June I will have been undertaking the current role for 17 months and have been told that the position is mine once the new structure has been confirmed, however I've seen one or two former colleagues have the rug pulled from under their feet when being promised things in the past, so until I have a contract under my nose, signed and the ink is dry I just want to understand my position legally.

Since the new structure has been in development, the role I am currently undertaking is on there moving forward and in the 17 months I've been in it I've had positive feedback from all my 121's and as I said, been told the role is mine (but without the piece of paper to prove it!) by my director who says I have proved my ability to take on the role and perform it well in the time I've been 'acting up'.

My gripe is that since I was told this 6 months ago, there have been four new roles identified in the business, signed off and recruited for, two going to internal applicants and two external, however when I ask about my position I'm told I must wait for the new structure to be confirmed.  If the aforementioned four roles did not exist previously and mine always has, what's stopping them from assimilating me into the role permanently?

Just wanted to understand my position, and whether I should just sit tight and hope for more contract extensions or that magic piece of paper landing on my desk at some point, or if there's something I need to bring to their attention?

Thanks for reading!

400ixl

If you are a permanent member of staff, what are the "contract extensions"? 

Essentially there are no legal requirements for them to do anything. Wait or negotiate are the only options, other than leave.

El_Torro

If you are doing a job higher than what you're being paid for (are you getting more money for having done this role all this time?) there's nothing in the law that says your employer has to pay you more. Either you negotiate a higher pay or you stop doing the more senior role. Either by refusing to do it or finding a job elsewhere.

You know the company better than us, though it does sound possible that they are just stringing you along until you get fed up. 

LinLui

There's no magic paper. It will never be "permanent" until they say it is. You may indeed be great at the job now.  That doesn't mean there isn't someone else who would be better. Or they think will be better. You are acting up. That isn't a contract to continue in that capacity.

furmedge78

400ixl said:

If you are a permanent member of staff, what are the "contract extensions"? 

Essentially there are no legal requirements for them to do anything. Wait or negotiate are the only options, other than leave.

I possibly never made myself too clear.  I've been employed in one role since I started years ago permanently, then acting up in a higher status role for the last 17 months and signing a new contract for that specific role in the interim.  If they decided not to give me that role, I'd presumably fall back into my old one (which hasn't been back filled and I'm essentially doing both old and new).  I was just wondering if there was anything in terms me assimilating into the role permanently after spending a certain amount of time doing it anyway.

Not to worry, everyone has confirmed what I was semi-expecting.  Thanks, all.

On-the-coast

I think the point to have negotiated clarity & extra pay was before this:
“ …signing a new contract for that specific role in the interim…”
That was your point of maximum negotiating power.  Now you really only have goodwill on your side & maybe a guarded threat to leave - though in my experience that really only works when you have an offer of other employment in your hand (& are prepared to go through with it…)

EnPointe

400ixl said:

If you are a permanent member of staff, what are the "contract extensions"? 

Essentially there are no legal requirements for them to do anything. Wait or negotiate are the only options, other than leave.

one would assume the  extensions are  to the  acting up  agreement 

400ixl

furmedge78 said:

400ixl said:

If you are a permanent member of staff, what are the "contract extensions"? 

Essentially there are no legal requirements for them to do anything. Wait or negotiate are the only options, other than leave.

I possibly never made myself too clear.  I've been employed in one role since I started years ago permanently, then acting up in a higher status role for the last 17 months and signing a new contract for that specific role in the interim.  If they decided not to give me that role, I'd presumably fall back into my old one (which hasn't been back filled and I'm essentially doing both old and new).  I was just wondering if there was anything in terms me assimilating into the role permanently after spending a certain amount of time doing it anyway.

Not to worry, everyone has confirmed what I was semi-expecting.  Thanks, all.

What does the  new contract say about what happens when the period is complete, or is it open ended?

theoretica

I would think that the normal fixed term contract legislation applies - so it often (but not always) becomes permanent after 4 years... and more complicated for the employment to end after 2 years.

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

Marcon

furmedge78 said:

Hi all, I've searched the forum but can't find anything that covers my question.  My former manager resigned from the company in 2023, and from February last year I've been in the role temporarily 'acting up' with my contract being extended every few months.  I'm a permanent member of staff having worked for the company for a total of 9 years.  As of the end of June I will have been undertaking the current role for 17 months and have been told that the position is mine once the new structure has been confirmed, however I've seen one or two former colleagues have the rug pulled from under their feet when being promised things in the past, so until I have a contract under my nose, signed and the ink is dry I just want to understand my position legally.

Since the new structure has been in development, the role I am currently undertaking is on there moving forward and in the 17 months I've been in it I've had positive feedback from all my 121's and as I said, been told the role is mine (but without the piece of paper to prove it!) by my director who says I have proved my ability to take on the role and perform it well in the time I've been 'acting up'.

My gripe is that since I was told this 6 months ago, there have been four new roles identified in the business, signed off and recruited for, two going to internal applicants and two external, however when I ask about my position I'm told I must wait for the new structure to be confirmed.  If the aforementioned four roles did not exist previously and mine always has, what's stopping them from assimilating me into the role permanently?

Just wanted to understand my position, and whether I should just sit tight and hope for more contract extensions or that magic piece of paper landing on my desk at some point, or if there's something I need to bring to their attention?

Thanks for reading!

You need to ask that question of your employer - and pin them down to an answer. You're the one whose passive (albeit grumpy!) acceptance is enabling them to continue to faff around....why are you putting up with it?

Savvy_Sue

So when (if?) your current role is 'confirmed' in the new structure, will they back fill? Or is the expectation that you'll carry on doing both roles, and your old one will vanish? 

There remains the possibility that when the scope of your new role is 'confirmed' in the new structure, that they will decide the post must be advertised externally - are you in the kind of organisation which does that? 

Previous posts are all relevant ...