Please help - given up on ACAS!!! Need help re: losing fixed term / full time worker

I've been trying to get an answer to this from ACAS and it's nigh on impossible to get through. I'd appreciate some help if somebody knows.

I'm in a difficult position with a recently loss of a major contract. I have to get rid of at least one member of staff. I have one employee on a fixed term one year contract that's just been renewed. I've also got a full time working who's been here for a similar amount of time (3 yrs each). I'd rather lose the employee on the fixed term. Is this ok to do despite the renewal of the contract? Do they have the same rights as the permanent staff re: redundancy payment?

Thanks for reading.

Dear Temperate

You will need to see what the terms of the fixed term are, i.e. did you put in a clause with regards to notice?

Anyone on a fixed term contract has the right to be dealth with under the statutory redundancy process but the person on the contract wont be eligible for any SRP (Statutory Redundancy Pay) as it seems they have less than 2 years service.

However, you need to review the terms of this as if there is no termination clause then the notice period could be until the end of the fixed term arrangement.

In any redundancy situation it is advisable to get rid of temps, consultants, fixed term employees, etc. first.

However, you also have to assess what skills you need to take the company forward. If you've done this and the person on the ftc is not suitable for this, then as I say, review the terms of the contract before embarking upon giving notification of the redundancy process.

Hope this helps, but if you review the contract and would like to let us know the termination clause, then maybe we can advise further.

Best wishes

Carol