Fixed term contract advice needed

QueenP

Hello all,

For the last 4.5 years I have been on a fixed term contract - I have had at least 3 extensions during this time. My existing contract ends 31st Dec 2024. I have now had confirmation that I have been extended another 3 months until March 2025. They waited until last minute to confirm this despite me asking for last 3 months.

I have read that after 4 years you are supposed to be made permanent unless good reason is presented. Please could you advise how I address this with my manager or the employer?

I'm not in a union although the organisation does have one. I feel quite annoyed at this point and am literally applying for other jobs as surely by law there is something I can present in writing. 

Although I am grateful for the extra 3 months work past Christmas I'm not sure if this is the place I want to work anymore. I don't see why I have to beg or prove any more my capabilities. I need the peace of mind of a permanent position and feel I'm not going to get it here.

El_Torro

I thought that an employer could keep someone on a temporary / fixed term contract indefinitely. That doesn't seem to be case though: https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

As mentioned in the above link you are correct, after 4 years they need to have a good reason not to make you permanent. I don't know how difficult it would be for your employer to come up with a good reason. 

Remember as well that a permanent employee can easily be got rid of within the first 2 years of their employment. So even if they make you permanent that doesn't make your position a lot more secure. 

maman

I know you said you're not a union member but is there anyone else in your situation or a union member you could ask how their contracts have been handled? It'll be harder for your employer to give a business reason for refusing if a precedent has been set /you're being treated unfairly.

If you don't want to stay, I don't think they can end your contract without the notice period you've accrued. 🤔

Hoenir

Does your employer have an HR department? 

Grumpy_chap

QueenP said:

Hello all,

For the last 4.5 years I have been on a fixed term contract - I have had at least 3 extensions during this time. My existing contract ends 31st Dec 2024. I have now had confirmation that I have been extended another 3 months until March 2025. They waited until last minute to confirm this despite me asking for last 3 months.

I have read that after 4 years you are supposed to be made permanent unless good reason is presented. Please could you advise how I address this with my manager or the employer?

I'm not in a union although the organisation does have one. I feel quite annoyed at this point and am literally applying for other jobs as surely by law there is something I can present in writing. 

Although I am grateful for the extra 3 months work past Christmas I'm not sure if this is the place I want to work anymore. I don't see why I have to beg or prove any more my capabilities. I need the peace of mind of a permanent position and feel I'm not going to get it here.

I thought that an individual could be on short term contracts indefinitely but learn something every day thanks to the link shared by @el_torro

What are your concerns at being on short term contracts?
What benefits do you hope that a permanent contract would bring?
Would being on a permanent contract have and downsides?  (Sometimes staff on short term contracts secure a higher rate of pay than permanent.)

There might be clear logic to the next extension being three months if it is to align contracts with the business financial year or similar.

FWIW, I work on short term contracts - it suits me well - and if you have been confirmed already (8th December) that you will be extended into 2025 until end March, that does not strike me as leaving it to the last minute to confirm the extension.  I quite often have contracts that are not extended until the Thursday afternoon or Friday on the week the contract is due to expire - that is "last minute" but not unusual in my experience.

Marcon

El_Torro said:

I thought that an employer could keep someone on a temporary / fixed term contract indefinitely. That doesn't seem to be case though: https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

As mentioned in the above link you are correct, after 4 years they need to have a good reason not to make you permanent. I don't know how difficult it would be for your employer to come up with a good reason. 

Remember as well that a permanent employee can easily be got rid of within the first 2 years of their employment. So even if they make you permanent that doesn't make your position a lot more secure. 

The two year period runs from when OP was first employed, not from when the employment is made permanent. If employment has been continuous - and it sounds as if it has - then they would have had protection from unfair dismissal after two years. Look again at the link you've helpfully given:

Ending a fixed-term contract

Fixed-term contracts will normally end automatically when they reach the agreed end date. The employer doesn’t have to give any notice.

If a contract isn’t renewed

This is considered to be a dismissal, and if the employee has 2 years’ service the employer needs to show that there’s a ‘fair’ reason for not renewing the contract (eg, if they were planning to stop doing the work the contract was for).