fixed term contact rights(9 Posts)
I have been working for a local authority on a fixed term contract for approx 15 months. The contract was extended once and is due to run to end of March 2011. Because of the local authority grants being cut, and talk of redundancies etc I am fairly sure the contact will not be renewed. I did not get a new contract when it was extended, and it was accepted I had continuity of service from my last employer when I took the post.
Someone (not qualified to judge)has told me they think I should be, by default, treated as a permanent employee with the same rights and entitlements in terms of redundancy/notice etc.
Does anyone have any knowledge or advice to offer on where I stand?
Message withdrawn at poster's request.
That is my understanding too except if they simply decide not to renew at the end of fixed term there is no entitlement to redundancy. Will watch with interest. Am also on fixed term contract until July , with uncertaintly as to whether the project will continue or, even if so, my role will exist.
You have worked for less than 2 years and so are not eligible for statutory redundAncy. How did you have continuity of service? That may make it more than 2 years but possibly not.
Your la may pay out a discretionary amount but it's very rare these days.
Fixed term contracts once meant that the employee had no rights. Workers on FTCs were excluded fromt he right to bring claims of unfair dismissal etc. That is no longer the case. You now have the same dismissal rights as normal workers once you have the necessary qualifying service (12 months). However the qualifying period for a redundancy payment is different and is currently 2 years and so whilst you would have to be dismissed in a fair way, you would not be entitled to a redundancy payment.
If you are part way through a fixed term contract and there is no break clause in the contract (i.e a clause permitting the contract to be terminated prior to the end of the term) then the employer will have to buy out the rest of the contract. eg contract from jan to dec, no break clause, employer terminates in feb. Employer still has to pay employee for the whole year.
Worth checking the detail of your contracts.
"it was accepted I had continuity of service from my last employer when I took the post."
As in, a post before this 15 month contract? Does it take you over 2 years' service?
Thanks for all the replies.
Flowery, I worked for my previous employer for over 3 years, and my employer before that over 10. Both were local authority positions, and I had no break in service. I also had no break in service when I took my present position, and have transfered pension rights and leave entitlements from previous years.
Virgil, I think my "advisor" was suggesting I should be viewed as permanent by default because I actually have no contract (I verbally agreed to an extention of a fixed term contract in August, but no written contract was ever sent to me)so I have been working without a contact for several months.
Redundancy payment entitlement does
not come in untilnteo yrs service.
No written contract doesn't necessarily mean you should be considered permanent by default - you know the 'contract' is ending in a couple of months' time.
However if you have had successive fixed term contracts for 4 years or more, then you are considered permanent. Do you have any indication that your employer doesn't intend to do that when making you redundant at the end of this contract, if that's what happens?
You say you don't have a contract, does that mean not at all, or do you have one but just didn't receive written confirmation of it being extended?
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