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Redundancy after temp contracts

Discussion in 'Career clinic' started by welshlass, Oct 22, 2020.

  1. welshlass

    welshlass New commenter

    Hi, I know this is probably a long shot but I have been at the same school on three one-year contracts in a row but have been told that when my current contract ends I won’t be needed. Do I qualify for anything or is it just tough that I had temp contracts?
  2. JJ83

    JJ83 Occasional commenter

    I don't think you qualify for anything sadly - as far as I can figure out you have to be there on 4 temp contracts before they either have to make you permanent or you would have grounds for unfair dismissal
  3. Piranha

    Piranha Star commenter

    I believe that you are entitled to something if you have at least two years continuous service. I appreciate that this does seem to be against the spirit of fixed term contracts, but the rules are fairly clear. The ending of a fixed term contract counts as a dismissal. If the post no longer exists, then it is a redundancy, and you are entitled to redundancy benefits. If not, then it is unlikely to be fair dismissal. See https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

    The rule @JJ83 referred to is a slightly different one, giving you the right to a permanent job after four years. This does not affect entitlement to not be dismissed unfairly.

    You might think it worth a chat with your union who should know the rules better.
  4. JJ83

    JJ83 Occasional commenter

    Do they not have to prove after 4 years that your job role is no longer 'there' though?
  5. Piranha

    Piranha Star commenter

    My point was really about protection after two years, but the link I provided covers this. It 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.

    However, an employer and unions (or a staff association) may make a collective agreement that removes the automatic right to become a permanent employee in these circumstances.

    The job not being there presumably counts as a good business reason, in which case redundancy appears to cover it.

    To be honest, I am not sure what practical difference the label of permanent makes, given that unfair dismissal and redundancy rules kick in after two years. I appreciate that banks may see it differently from the credit perspective.
    agathamorse likes this.
  6. JJ83

    JJ83 Occasional commenter

    Thank You
    agathamorse and Piranha like this.
  7. showes7

    showes7 New commenter

    Towards the end of my third year of teaching we were told that only 6 of the 8 of us on fixed term contracts would be made permanent - we were all told we would have to reapply for our jobs and go up against each other.

    I decided not to put an application in and in doing so became one of the two who were made redundant - although I must add the school didn't seem aware that they would have to pay out redundancy until I pointed it out!

    I spoke to my union before doing anything so if you're signed up to one I would recommend doing that first. I was very careful about how I worded the letter notifying them of my decision not to apply as technically it wasn't a resignation.
    Piranha and agathamorse like this.

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