Fixed term contract length - any advice?

[grumpyskater]

I've been offered a job which was advertised as being 2 years fixed term, and I applied and attended the interview on that basis. The company subsequently (day after phone offer) explained there was an error in the ad and that they only able to offer a contract to 31 Dec 10, ie just under one full year, due to funding. They say it's very likely post will be extended to 31 Dec 2011 as originally advertised.

No offer in writing yet, and I haven't formally accepted. Does anyone know if there would be an advantage in requesting a 'one year plus a day' fixed term in the first instance. Would that give me any increased rights, compared to the 11.5 months I am now being offered? Any other advice here?

Thank you knowledgeable ones!

Yes and no. Yes in that you do get some extra protection if you work somewhere more than a year, in that you are then eligible to claim unfair dismissal if you need to. No in that in practical terms requesting a slightly longer contract won't have any realistic benefits.

1. The right to claim unfair dismissal only kicks in after you've been somewhere a year, so you'd only get that protection for the extra fortnight or so.

2. Your contract coming to an end/funding running out is a perfectly valid reason for dismissal anyway, before or after a year. If that happened after a year, you could only claim unfair dismissal if a fair procedure was not used. But if you were going to be dismissed anyway and it's only the procedure that made it unfair, it would be pretty pointless making a claim anyway as compensation for unfair dismissal is only based on financial loss, and you'd have no loss as your contract was ending anyway.

3. It sounds as though the organisation's budgeting/funding year runs concurrently with the calendar year, so if originally funding was expected for two years taking it to 31 Dec 2011 and now funding is only guaranteed for one year to 31 Dec 2010, it's very unlikely they'd be able to offer you a contract to mid Jan 2011 anyway, even if you did ask.

Thanks ftoNY - that's very useful and clear