fixed term contract Q

(4 Posts)
Pompbear Mon 03-Mar-14 21:21:25

I'm on a contract and my company is reorganising. I've been told I can't apply for any jobs during the reorganisation until the end of the process. At that point, any unfilled posts will be advertised externally and I can apply. My contract spans the reorganisation process so I thought I'd be able to apply for things like everyone else. HR couldn't really explain why i can't so I just wondered if anyone had any advice? This is my second contract so i've been there longer than a lot of the perm staff....

flowery Mon 03-Mar-14 21:58:09

Presumably they are effectively ring fencing the jobs at the moment to avoid possible redundancies, as they should.

How long have you been there?

Pompbear Tue 04-Mar-14 07:24:46

yep. I've been there 18 months so I thought I might be included in the ring fenced bit...?

flowery Tue 04-Mar-14 08:10:01

Impossible to say based only on the fact that your company is reorganising.

Very strange that HR "couldn't" explain, and that's obviously not the case, so I would push back on that as obviously a decision has been made somewhere. Have you tried asking your manager?

As a fixed term employee you are entitled to be treated no less favourably than permanent employees, which includes access to internal vacancies, however there are two "unless"s that may apply here. First one is unless the less favourable treatment can be objectively justified, and second one is unless less favourable treatment is nothing to do with your fixed term status, ie there are permanent employees subject to the same restrictions.

Either/both could apply here. If people are at risk of redundancy then it's not unreasonable to restrict other internal applications until that process is over. An employer is obliged to try to avoid redundancies and they may feel that potentially placing someone who is not at risk of redundancy in a vacancy which someone redundant could have taken would risk an unfair dismissal claim from redundant employees. Similarly offering new permanent employment to someone whose contract is due to end anyway while making permanent employees redundant might be risky.

But I'm guessing and surmising, I've no idea whether any of that applies, as I don't know nearly enough about it, so I suggest you push HR and your manager for a definitive answer on why the restriction is in place.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now