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NHS fixed term contract not being renewed

(14 Posts)
mongoose52 Tue 04-Oct-16 21:49:01

I started in the NHS in a substantive role on 24/11/14. On 1/11/2015 I got a new role in the same organisation but on a fixed term contract which expired on the 31/7/16. this has been extended until 31/12/16. I am being advised the contract may not be renewed (financial pressures) and I do not have 2 years continuous service. Is this correct?

any views would be appreciated

flowery Tue 04-Oct-16 22:08:51

Well no you don't. But you will by 31/12/16.

mongoose52 Wed 05-Oct-16 10:19:56

Just a little more information: my fixed contract was to covering maternity leave. The person resigned on the 1/8/16 so I was expecting the role to then be made permanent. My employers have told me that they may not renew the contract. the reason given is financial pressures.

My question is if my employers advise me I do not have continuous service (and therefore no potential redundancy) in their view and give me some reasons what action could I take to pursue them as I believe I will have continuous service and disagree with the reasons given.

flowery Wed 05-Oct-16 10:48:23

On what basis could they say you don't have continuous service? Has there been a gap in employment?

hostinthemaking Wed 05-Oct-16 16:36:39

I did the same - resigned from a substantive post in NHS and took up a fixed term position. However after 4 years (inclusive of previous service) I received a letter to say I was now permanent. Hope this helps.

chanie44 Wed 05-Oct-16 22:02:00

Have you pointed out your service to them. The person you spoke to may have assumed that as your role is a maternity cover and incorrectly assumed you didn't have other service.

chanie44 Wed 05-Oct-16 22:02:14

Have you pointed out your service to them. The person you spoke to may have assumed that as your role is a maternity cover and incorrectly assumed you didn't have other service.

mongoose52 Fri 07-Oct-16 21:35:53

Hi Guys

As yet I have not challenged anybody as I have not yet been told formally that the fixed term contract will not be renewed. This is likely to happen in the next few days.

When I entered into the FTC, 1/11/15, it was to cover maternity leave and the FTC was to end on 31/7/16. During June 16 it was extended to 31/12/16. The person on maternity leave resigned on 1/8/16.

any idea if this changes anything from a continuous service perspective?

flowery Fri 07-Oct-16 22:07:47

The only thing which matters in terms of continuous service is how long you have been working continuously for the same employer. What kind of contract it was, what it was for, whether it was extended, blah blah all that doesn't matter. All that matters is how long continuously have you been working for them.

Spam88 Fri 07-Oct-16 22:45:15

If you google the AfC terms and conditions it should state clearly in there what counts as continuous service for redundancy. I'd be very surprised if your previous post doesn't count towards it though.

Crisscrosscranky Mon 10-Oct-16 07:17:29

Check that your original contract was under AfC- some trusts offer local terms and conditions. If it was, and you have it in writing that the reason for your fixed term ending is because the position no longer exists you may be in a position to claim redundancy. HOWEVER, if they issue notice to dismiss you before your two years service (I.e if they issue notice now) unfortunately you would not be entitled to anything. Although you contract states an end date of December they will be able to terminate early by giving proper notice (however, having worked in NHS HR it seems unlikely as it would require joined up thinking wink)

mongoose52 Mon 10-Oct-16 09:10:00

My original fixed term contract had a 3 month notice period for both sides. I assume the new extension to the fixed term contract from 1/8/16-31/1216 had the same notice period.

I have not been given notice as of yet but noting the contract ends on the 31/12 notice in effect has been given by both parties-if that makes sense.

Noting Crisscrosscranky's comments can they give a shorter notice to avoid the continuous service that will occur on the 24/11/16.

Crisscrosscranky Mon 10-Oct-16 19:57:27

No, not without risking you suing for wrongful dismissal. 3 months seems a lot for a fixed term contract - especially for maternity cover as the substantive member of staff could return early giving 8 weeks' notice. Sounds like you're getting a redundancy payment (and they need better HR advice re: their contracts!)

mongoose52 Wed 12-Oct-16 21:36:59

Thanks for the responses.

the lady I am covering for maternity leave has resigned with effect from 1/8/16 with 3 months notice.

My line manager met me today and has now advised they are willing to extend my current contract until 31/3/17 but my role will defunct under a re-organisation that will be announced soon. I suppose this is good news in a way but all seems very disjointed-perhaps that is just the NHS!!

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