Can I ask for some advice from anyone in HR or employment law? I'm a department manager and have an employee who has been on a fixed term contract for an initial 12 month period, extended for an extra 6 months. This person is doing very well, and we have invested a lot of time in training and development to the point where they are a real asset the team.
I would like to keep this employee on, but am getting inconsistent and confusing advice from company HR. I understand that a employee who works continuously on fixed term contract for more than two years attains the same employment rights as a permanent employee, so it is no longer common practice to keep extending contracts beyond the two year point.
My questions are:
- I'm being told that we could extend for another 4 months (i.e. to 22 months), but can't go any closer to 2 years than that (although I've heard that someone in a related department, with the same HR advisor, has recently been extended to only a couple of days under 2 years). Is there any valid reason for avoiding going as close to 2 years as possible?
- Is it legal/common practice, to allow a fixed term contract to come to an end, while simultaneously advertising a new fixed term contract for exactly that same role (i.e. to replace the previous contractor)? If the previous contractor were to apply for it, and we were unable to appoint because of the two year situation, would it be valid/legal to give that reason for rejecting their application? (We are being advised not to make people aware of the two year limit, which is proving to be difficult, and I really want to avoid having to replace and train all over again when I have an effective person in place).
- If I am successful in getting approval for a permanent post, can I simply 'award' this to the contractor of my choice, or is it necessary to advertise internally and interview all suitable applicants? My HR advisor has overseen both approaches in recent months.
I'd be really grateful for any advice that you can give.