Employer keeps extending my extra hours

[nickEcave]

I have been working in a support role in a university since January 2014. My contract is permanent, open ended, for 17.5 hours a week. I shared the job with another member of staff on the same grade who also worked part-time but the job is not formally a job share. In August 2016 the other staff member left and was not replaced and I agreed to temporarily take on 6 hours a week (this suited me and I was happy to do it). Since August 2016 my additional hours have been extended every 6 months. I had a vague understanding that when I had been doing these additional hours continuously for 2 years then my employer would legally have to make them a permanent part of my contract (which I would like) but I have just been told that this is not the case as "you are on a permanent and not a fixed-term contract". Do any HR/legal people know if that is true or do I have the right for these hours to be made permanent, once I've been doing them for 2 years?

If they increased your hours 'temporarily' and then did nothing and let it drift on indefinitely, you would then have an argument (if one became necessary) that those were now your established terms and conditions.

If they are writing to you clearly every 6 months stating a review date/end date for the variation and reiterating that it's temporary, with parameters, then that's a much more difficult argument to make.

Why does it matter at the moment?

It matters because there is the possibility of a restructure in my department in the next year or so. I cannot afford now to go back to working 17.5 hours a week, the extra hours mean that I earn over £3K a year more. I'm trying to find out if I have any kind of entitlement to make these new hours permanent as I have effectively been doing them for so long. If I am not entitled and they put me back to 17.5 hours then that is fine but I will have to look for another job.

have you asked your union rep? Even if you don't belong to the union, if you have a department rep, which you probably do, they will know the answer.

depending on that, it might be worth joining the union.

I'm not in the Union. Our Union rep is actually a senior member of staff in my department. I wouldn't really feel comfortable asking him about this.

"I'm trying to find out if I have any kind of entitlement to make these new hours permanent as I have effectively been doing them for so long"

As I said, no there is not specific entitlement. It's not as simple as extra hours you've done consistently for a set period automatically become permanent (unless there is an internal policy stating that).

Whether you have an argument for the new hours being considered your permanent terms and conditions will depend on a number of factors, including (but not limited to) how long you've been doing those hours.

If the restructure is not imminent there's not a lot of point worrying about whether you have a strong enough case right now. As and when it comes up, see what the restructure involves (which may well be making those hours permanent, as there is clearly a need) and make your argument at that point, if it is necessary.

You're a bit right OP but getting confused.

The right you refer to only refers to fixed term contracts which have continued for a period of four years or more. So you do not qualify. In any event the right is simply to have the clause removed which restricts the hours to a fixed term duration. Therefore your employer is right when they say that you are a permanent employee on an open ended contract and so the provisions of the legislation do not apply to you. You are not a fixed term worker.

However it is in any event a common misunderstanding that after four years the right is to have your additional hours consolidated - it isn't. The right simply removes the fixed term nature of the contract. This means that if you are doing sessional hours or variable additional/added hours on a temporary basis then even if the fixed term is removed you would still be restricted to working on a variable hours basis.

So if you were sessional and employed for four years on a fixed term basis running from the start of the academic year to the end then after four years you can ask for the fixed term to be removed. You will still be sessional and your hours may still change at any time since that is the nature of sessional academic work.

I am literally sending out these letters as we speak and so I'm hoping you're not one of mine!

Thank you flowery. The letters extending my hours have always been very clear that each extension is only for a specific time period and that after that I will revert to my original contract.

No cloudtree I'm not one of yours I work all year round as Admin Assistant to a student support service. I think you and "flowery" have answered my question, so thank you.