Temporary Contracts

[lowrie333]

Hi, i am wondering if anyone can help? I started working for my employer in Aug 06 on a fixed term contract until April 08. When April came they extended the contract until September 08, when that came they extended it to the end of March 09 (now!). They are now talking about extending it to December 09 but as yet have not reached a decision. Can they keep extending the contact all the time or does it reach a point when they have to offer something else? And is there any guide line on time to let us know? They normally leave it until the day before the last day. Thanks for any help

[Buenchico]

Quote:
"An employee can be kept on successive fixed-term contracts for a limit of four years. If your contract is renewed after that you become a permanent employee. This is unless the employer can show a good reason why you should stay on a fixed-term contract".

Source (which also has a great deal more information relevant to your question):
http://www.direct.gov.uk/en/Employment/Underst andingyourworkstatus/Fixedtermworkers/DG_17513 8

Chris

[buildersmate]

Yes, Chris' post is very telling because another bit it says is:
You have the right:
not to be unfairly dismissed (after one year�s service)
to a written statement of reasons for the dismissal (after one year�s service)
to statutory redundancy payments (after two years' service)
to a minimum notice period of your contract ending before the agreed end date, task or event
The minimum notice period you are entitled to is:
after one month�s continuous service, but less than two years: one week�s notice
after two years continuous employment: two weeks� notice if you have been continuously employed for two years

Now if you think about it, those are EXACTLY the same rights that a permanent employee has. In other words, companies that believe that fixed-term contracts get them off the hook in terms of unfair dismissal (after 12 months service) and redundancy rights (after 2 years service) are barking up the wrong tree.

[lowrie333]

Thanks for the info, you are wonderful.
If there are members of the team who have been employed for over 4 years, and others who haven't (like me), do they have to treat us all the same? I.e. If they have to give the 4+year people a permanent contract would they be able to deny the rest of us?

[factor-fiction]

Hi lowrie- from the two good postings I don't think you can infer that you have a right to a permanent contract. My understanding of Buenchico's post is that they can keep you on temp contracts for up to 4 years, and if you are temporary after 4 years they may have to make you permanent or not renew, but as buildersmate says you have employment rights already. There's no harm in asking for a permanent contract now though.