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Fixed term contract over two years

3 replies

Franklinexperience · 07/12/2023 23:42

Hi
I’d appreciate some legal advice please?
I’m a temp/fixed/variable term contractor. My current contract expires at the end of January and I’ll have been there two years mid Feb. HR have said I have to go perm or leave when the contract expires end Jan because of having been there 2 years. I’m not bothered about my contract conditions but I do really like this role and i’d like to stay (if they need me, I think they will, but politically difficult to have my role seen as permanent, I deal with a lot of old backlog work).

Can I get them to give me a P45 and a couple of weeks off and then re-employ me? I don’t really want a perm contract but I would take one if it was on offer as I really like working there.
I’m not worried about being unemployed, I’m sure I’d find something else very easily, it’s just I really like working at this company so wondering how to get round HR rules.
thanks in advance.

OP posts:
AnneValentine · 17/12/2023 15:53

Why don’t you want to go permanent? The issue is employment rights kick in after two years.

Aprilx · 21/12/2023 01:57

If you like working there and want to stay, a permanent contract with no gap benefits nobody more than you. I am struggling to understand why you are against the idea.

(I would just add that there is no legal reason why they cannot continue to extend the FTC, but that is presumably their choice).

TizerorFizz · 21/12/2023 07:53

The attached explains the best scenario for you. It’s better to have no gap. I would ask what the issue is about moving to permanent staff. However I think the gap only has to be 7 days and you don’t have continuous employment rights. The firm can give you another contract starting 2 weeks later and it’s better for them but definitely not for you.,

Fixed term contract over two years
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