I'm on a fixed term contract, which is coming to an end shortly (early Jan). I've asked my employer for a renewal, and while my boss says yes, his boss is holding back on the decision. The companies work load has dropped off, and they are waiting for the workload to pick up before saying yes. The company is of the view that they might be better off if I expire when the workload is down.
I've been told by my boss that he could do with someone for at least 6 months more and when he told his boss this, his boss went to look for permanent staff in other offices (diff locations) who could fill my role - Apparently the company policy is to look after it's own staff, i.e. permanent staff members.
Additionally, I'm not working on just a single project, but multiple. None of which have come to an end, I'll to have pass them on to someone else if I finish up. I don't do seasonal work. The company has several permanent staff members in my office, and others, that do a similar role as myself.
I've done a bit of research here:
Fixed-term employee protection : Directgov - Employment
Ending and renewing your fixed-term contract : Directgov - Employment
And it appears that there are laws that may protect employees on fixed term contract. The most useful thing I found was, after two years I qualify for a redundancy payout, and it then goes on to say I cannot be selected for redundancy because I am on a fixed term contract.
Now the way I read this is for example: If I'm on a two year contract and after say one year the company makes redundancies, then they cant select me just because I'm on a fixed term contract. They need to have an appropriate selection process.
But what I couldn't find is, does the above also apply if my contract does expire after two years and they do not have an appropriately selection process. Can my company just pay me a redundancy pay and leave it at that?
I would prefer a response from someone who has a legal background or has been in a similar situations. Reason is that I want to be told I have a right to stay before I go and pay for a lawyer and then have the lawyer tell me otherwise. This would have wasted a fair bit on money which I should be saving for when I'm unemployed.
And the reason I want to stay with this employer is because I have a UK work permit associated with my employer, and if I leave, then I have to leave the country. Not something I'm keen on at the moment, as I've just moved in to a new place with my girlfriend.
End of fixed term contracts
- 01-12-09, 12:41 PM #1RXM
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End of fixed term contracts
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