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Fixed Term Contract not to be renewed

Discussion in 'Pay and conditions' started by Aber Brown Owl, Jan 30, 2012.

  1. Hello,
    Wondering if anyone had any advice/suggestions for this problem:
    I have been working at my current school for 2 years (and 1 month). I was intially employed on a fixed term contract for 6 months (reason for fixed term was falling roll numbers requiring the reduction of staff). It was then extended twice, at the end of each academic year, so is now due to expire on 31.08.2012.
    I have been told that it will not be renewed this summer. The reason given was the the head of department was resigning as head of department, but continuing as a teacher at the school. Therefore the Head is going to advertise for a new HOD which means there will be too many staff in the department. So because I am the only one on a fixed term contract, I have to go.
    I've been doing some research over the weekend and I am supicious that this is not quite right. Also, what redundancy pay, if any, am I entiled to?
    Any advice would be appreciated.
    Brown Owl.
  2. Crowbob

    Crowbob Senior commenter

    Speak to your Union, NOW! My advice is based on direct legal knowledge (which may be ever so slightly dated) BUT you should not treat it as legal advice. You should speak with your Union as a matter of urgency.
    This is known as "bumping". Whilst not, in itself unlawful, employers have to be very careful.
    Do you have this in writing? It would be very helpful if you do.
    Ask your Head for a written state of reasons.You are entitled to this if they are contemplating dismissal. You should also be invited to a meeting (ask for it to be minuted) and have a right to appeal. If they FAIL to offer these three things then (potentially) this is an automatically unfair dismissal.
    <u> You cannot be selected for redundancy for the sole reason of being on a fixed term contract </u>unless it can be objectively justified (legitimate reason that meets with the conditions of proportionality).Nothing that you have written suggests that their action can be objectively justified.
    You are right to be suspicious. They are on a sticky wicket (re: unfair dismissal) if they put in writing that you are being made redundant because you are on a fixed term contract.
    Statutory redundancy pay (not very much at all...)


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