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Continuous contracts for 4 years

Discussion in 'Pay and conditions' started by Mollywest76, Oct 4, 2018.

  1. Mollywest76

    Mollywest76 New commenter

    I will shortly have been on renewed annual contracts, without a break in service, for 4 years.
    I wonder if I’m entitled to permanent contract?
     
  2. peapicker

    peapicker Star commenter

    Yes, you would have automatically become a permanent member of staff unless there's an objectively justifiable business reason why the last fixed-term contract should not be renewed, or a collective agreement. You acquired rights in respect of unfair dismissal, redundancy pay after two years.

    http://www.acas.org.uk/index.aspx?articleid=4587
     
  3. Rott Weiler

    Rott Weiler Star commenter Forum guide

    What @peapicker says.

    Another official source:

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

    Ask HR to pop your permanent contract in the post to you ;)

    But don't ask or mention it until you are a week or so past the 4 years. They've probably not noticed and if you remind them before the 4 years is up some SLT stooge might start wondering how to dismiss you before you get to 4 years....

    If they won't play ball contact your union asap.
     
    strawbs likes this.
  4. peapicker

    peapicker Star commenter

    Unfairly, if that's the reason! :D
     
  5. Rott Weiler

    Rott Weiler Star commenter Forum guide


    No doubt, but it won't stop them wondering.... :)
     
  6. jago123

    jago123 Established commenter

    This question has been asked here before, I believe, think it was a few years ago now so would be further down the thread. Yes, you would be entitled to a permanent contract, you would need to speak to the HR department or Headteacher to get your contract changed to permanent.
    I don’t know why schools are utilising temporary contracts for employees that would be working there for over a year. The only case I could think of would be that a teacher goes on maternity, has a child, then just before they are due to come back, they fall pregnant again.
    They can’t dismiss the teacher on maternity on those grounds, but a case could be made to the HT to change the contract to permanent- it just means that when teacher returns, the department will be over staffed, however, there will no doubt be leavers, so there would be no such issues then!
     
  7. Piranha

    Piranha Star commenter

    The gov.uk link says "Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so." I am not sure what a good reason might be, but it does suggest that it is not always automatic. Perhaps if somebody has been doing successive maternity covers and there is no need for one the next year?
     
  8. Mollywest76

    Mollywest76 New commenter

    Just wonder how the school will find reason to say no to request for my contract to become permanent, which hasn’t been made yet, but pretty imminent.
    My contracts haven’t been to cover maternity leave and there continues to be a requirement for my skills in the school.
    Could they say due to budgetary cuts, can’t afford me? But then there are other part time teachers in school with less than 12 months service.
    I’m very suspicious they will use dirty tactics to move me on.
     
  9. peapicker

    peapicker Star commenter

    You don't have to request it:it's automatic. The only question you need ask is when you can expect your new contract.

    If there is any difficulty at all, get your union involved immediately. If they use 'dirty tactics' to get rid of you, you have an unfair dismissal claim.
     
    Dyathinkhesaurus likes this.
  10. Piranha

    Piranha Star commenter

    I believe I am on the right lines here, but you would need somebody qualified in such matters to be sure. My understanding is that, even without the four year service, the ending of a fixed term contract counts as dismissal. If you have been there for two years, it could be unfair dismissal or redundancy, both of which should lead to compensation. If the latter, then they would have to go through a fair process for picking you, which might be difficult. In any case, as @peapicker says above, your union will be able to give you proper legal advice and help you proceed if the school does not do as they should.

    Of course, the school may well do the right thing. We can but hope...
     
    Dyathinkhesaurus and peapicker like this.

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