Advice re fixed term / permanent contract

[monkeygirl]

hi. i could do with some advice re my current contract status

 

last sep i applied for a job which was advertised for a year. when i got the post i was told that it was in fact for 3 months, it would be reviewed after 3 months at which point i'd be told if it would be made permanent. after 3 months i was told all was well but they had decided to extend it for another 3 months and then make a permanent decision. i had a meeting last week with my boss who told me that they had decided (guess what??) to extend it for another 3 months and review it in july - end of the the school year. when i kind of made it clear that i was hoping a longer term contract would be in place she told me there was no reason why it shouldn't be made permanent, they were very happy with my work etc. but she said that as it was being made permanent, it would have to be advertised and i would have to apply for the job like anyone else. she said she would extend my contract for 3 months and look to make it permanent for september.

 

i have googled this but can't seem to find the answer - she made out that this was some kind of legal thing - that if a temporary contract is made permanent then you have to advertise etc. does anyone know if that is the case or am i just being messed about?

 

any info would be gratefully received. thanks

[999tigger]

First I would get some advice.

 

1. CAB you can contact over the phone or go to see your local branch.

 

The national phone is 5p a min plus whatever charge for the call.

08444 111 444

 

Or you can visit or ring the local one

 

http://www.citizensadvice.org.uk/index/getadvice.htm

 

enter your postcode at the place at the bottom of the page.

 

2. This place offers a free consultation and might be faster than CAB.

http://www.pm-law.co.uk/2013/10/pm-law-are-offering-free-legal-advice-clinics-3/

 

3. Sheffield law centre

http://www.slc.org.uk/employment.htm

0114 205 5055

 

---------- Post added 02-03-2014 at 23:32 ----------

 

hi. i could do with some advice re my current contract status

 

last sep i applied for a job which was advertised for a year. when i got the post i was told that it was in fact for 3 months, it would be reviewed after 3 months at which point i'd be told if it would be made permanent. after 3 months i was told all was well but they had decided to extend it for another 3 months and then make a permanent decision. i had a meeting last week with my boss who told me that they had decided (guess what??) to extend it for another 3 months and review it in july - end of the the school year. when i kind of made it clear that i was hoping a longer term contract would be in place she told me there was no reason why it shouldn't be made permanent, they were very happy with my work etc. but she said that as it was being made permanent, it would have to be advertised and i would have to apply for the job like anyone else. she said she would extend my contract for 3 months and look to make it permanent for september.

 

i have googled this but can't seem to find the answer - she made out that this was some kind of legal thing - that if a temporary contract is made permanent then you have to advertise etc. does anyone know if that is the case or am i just being messed about?

 

any info would be gratefully received. thanks

 

 

Go and get advice from the people above.

 

Its hard to tell with employers whether they mean what they say or they are being disingenuous.

 

Be aware you have little bargaining power with your employer. Lots of employers and HR departments may say things about being legal when in fact they do not know, hence there is such a boom in employment lawyers. That is why you should be cautious at taking them at face value and you should get independent advice.

 

You should also know that in terms of employment you get your main rights after two years continuous service. Before that in most cases they can just serve notice on you be that a week or a month or longer.

 

They should have provided you with an employment contract even for this period.

 

Keep your wage slips, any correspondence, emails etc as evidence of your employmemy plus make a diary of what was said when.

 

It seems for the moment they are happy keeping you on short term fixed contracts because they dont have a permanent obligation towards you and can dismiss you at the end of any of the terms without notice by merely not renewing. They may be trying to avoid you accumulating the two years continuous employment.

 

Even though they think that I believe the fixed term contracts aggregate anyway. I think even you would be getting suspicious if they claim next time they darent advertise so will renew you for 3 months again. If you ever get to 2 years then you get your main employment rights.

 

Heres a link on fixed term

 

https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

 

 

The not giving you a job because they have to advertise.

 

From what ive seen there is no legal requirement to advertise a job, but check this with the people linked in previous post. It seems some employers may advertise to avoid a discrimination claim from other employees and to show they have a fair discrimination policy. They may also advertise if there is a company policy which states they must do so i.e the civil service.

 

If I was a betting person i'd think they are spinning you along, but there is a chance they are a big organisation that has such a policy. You know them and I dont.

 

 

What can you do?

 

Well you dont have much to negotiate with and they have gotten you to accept this 3 month thing yet again. I doubt you can make them do anything unless something changes, which basically requires you to call their bluff.

 

I would only do this if you have something else to fall back on i.e you have found another job. Then you can say look ive found another job and if they need you they will have to consider making you permanent. Be aware although it might get you what you want in the short term some employers hate being manouvered. They mau also let you go.

 

If they did take you on, then you would still be vulnerable and only entitled to full employment rights after two years. (Some anti discrimination rights you get imediately). That means even if you are made permanent they can get rid of you as long as they give notice. Thats most likelu going to be a month.

 

If you go to them and say ive been to see a lawyer and they say there is no legal obligation to advertise, then they arent going to like that and could make it company policy or alternatively make you re apply for your job then fail to choose you.

 

Where does that leave you?

 

1. Seek independent advice.

2. Reality means you have very few rights until you get 2 years continuous under your belt.

3. Be wary of trying to force a position without having a back up i.e another job to go to.

4. You can be clever and tell them you dont want to leave but you have found another job, which might nudge them.

5. You have very limited rights before your two years is up.

6. If you have a contract of employment find it .

7. I noticed you said end of school year, so that might mean they do have a policy to advertise. Organisations differ. Differnt rules apply if you are also under 18.

8. Seek independent advice.