Fixed term contracts

[Harry_Perkins]

I'm coming up now on nearly 2 years in the job and all the while this has been on fixed term contracts - either 3 months or 6 months. Anyone know if they can just keep doing this or is there a time limit when they'll eventually have to offer a permanent one? (or send me on my way? )

[Baz]

My 1 year contract was up last month i got a 3 month extention my manager said he can keep extending it as long as i'm needed
for up to 3 yrs

[TrueBlueTerrier]

Fixed-term contracts http://www.businesslink.gov.uk/bdotg/ac ... 1073793880" onclick="window.open(this.href);return false;

There may be times when it's best for your business to take on somebody on a fixed-term contract. This is one which either:

* lasts for a specified time, set in advance
* ends with the completion of a specified task
* ends when a specified event does or does not take place

For example, if you're a shopkeeper you may want to take on someone for just three months to cover the busy run-up to Christmas. Or you may wish to employ someone specifically to cover for someone who is on maternity leave.
Pros and cons

Fixed-term contracts give you the advantage of bringing in specific skills and labour as and when they are needed.

It's important to remember that unless there are special circumstances that can be justified, you must treat fixed-term employees the same as comparable permanent employees. This means you must give them:

* the same pay and conditions
* the same or equivalent benefits package
* the same or equivalent pension scheme
* the same opportunity to apply for vacancies for permanent posts in the business

Fixed-term employees also have access to the same employment rights as their permanent equivalents.

Under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations, any employee who has been on a fixed-term contract for four or more years (excluding any period before 10 July 2002) will usually be classed in law as a permanent employee if their contract is renewed, or if they are re-engaged on a new fixed-term contract.

The only exemptions to this are when employment on a further fixed-term contract is objectively justified to achieve a legitimate aim, eg a genuine business aim that can be objectively justified, and is also a necessary and an appropriate way to achieve that aim objective, or the period of four years has been lengthened under a collective or workplace agreement.

These regulations do not apply to apprentices, students on work experience of a year or less or people on certain training courses and temporary work schemes.

[TrueBlueTerrier]

Fixed-term employee protection http://www.direct.gov.uk/en/Employment/ ... G_10027735" onclick="window.open(this.href);return false;

Fixed-term workers have the same minimum rights as permanent workers. Find out what a fixed-term contract is and what extra protection there is for fixed-term employees.

What 'fixed-term' means

To be a fixed-term employee two conditions must apply:

* you must have an employment contract with the business you work for
* your employment contract must be ‘fixed-term’, meaning it must end on a particular date, after a certain event or on completion of a task

Examples of fixed-term employees are:

* ‘seasonal’ or ‘casual’ staff taken on for six months during a peak period (for example agricultural workers or seasonal shop workers)
* a specialist employee taken on for the duration of a project
* someone employed to cover during another employee's maternity leave

You are not a fixed-term employee if you:

* have a contract of employment or other contractual relationship with an agency rather than the company you are working (for example temporary or agency workers)
* are a member of the armed forces
* are an apprentice, student or other trainee on a work-experience placement or temporary work scheme

* Find out if you’re a worker, employee or self-employed
* More about agency workers’ rights

Protection against less favourable treatment

Your employer must not treat fixed-term employees less favourably than permanent employees doing the same, or largely the same, job unless there is good reason to do so.

As a fixed-term employee you have the right to:

* the same pay and conditions
* the same or equivalent benefits package
* access to an occupational (company) pension scheme (except perhaps where the fixed-term contract is for less than two years)
* be informed about permanent employment opportunities in the organisation
* protection against redundancy or dismissal because you are fixed-term

How to compare your treatment

As a fixed-term employee, you can compare your treatment to the treatment of a ‘comparable permanent employee’. They should:

* work for the same employer
* work in the same organisation
* be doing the same or broadly similar work

You should also consider their skills and qualifications where they are relevant to the job.

If there is no comparable permanent employee that works in the same organisation, you can use a comparator (comparable permanent employee) in another part of your employer’s organisation. You cannot compare conditions with someone at an associated employer’s organisation.
'Objective justification' of less favourable treatment

Less favourable treatment of fixed-term employees is allowed if your employer can show that there is a good reason to do so. This is known as ‘objective justification’.

Less favourable treatment will be objectively justified if it can be shown that it is:

* to achieve a legitimate objective, for example a genuine business objective
* necessary to achieve that objective
* an appropriate way to achieve that objective

For example, if you are a fixed-term employee on a three month contract and a comparable permanent employee has a company car, your employer may not offer you one if the cost is too high. Your business need to travel can also be met in another way.

Your employer should consider whether it is possible to offer fixed-term employees certain benefits in proportion to the time period they will be working (also known as 'pro rata'). For example, if you are not expected to work for the entire period that the benefit is offered for.
What to do if you feel you are being treated unfairly

First, raise it with your manager and/or human resource (HR) contact. If the matter still isn’t sorted out, ask your employer for a written statement explaining why they are treating you less favourably.

Your next step should be to make a written complaint under your employer’s standard grievance procedure.

If you cannot resolve the matter with your employer, the final option is to complain to an Employment Tribunal.

[Harry_Perkins]

Thanks for that Baz and TBT. So it looks like it can last 4 years and beyond if they can justify it?

[TrueBlueTerrier]

Thanks for that Baz and TBT. So it looks like it can last 4 years and beyond if they can justify it?

But after 4 years you are deemed as permanent in Law

Under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations, any employee who has been on a fixed-term contract for four or more years (excluding any period before 10 July 2002) will usually be classed in law as a permanent employee if their contract is renewed, or if they are re-engaged on a new fixed-term contract.

[POSTMAN]

That's strange,and i've posted this before,but one of our guys was made up because he had a ftc for over 6 months i think,i can't rem the exact time but it wasn't 4 years.
The DOM was pissed with it because he wanted to get rid of him.
Maybe the DOM got it wrong,i'll try and double check,might be hard as the DOM's moved on.

[norbert]

That's strange,and i've posted this before,but one of our guys was made up because he had a ftc for over 6 months i think,i can't rem the exact time but it wasn't 4 years.
The DOM was pissed with it because he wanted to get rid of him.
Maybe the DOM got it wrong,i'll try and double check,might be hard as the DOM's move on.

I've heard of processing AG's that were on Revision Contracts or AI contracts that were threatened with dismissal - IF there was a yes vote for a strike in 2003 . In WTL's staff were told " if you strike , the contracts will be terminated " .

That well known " colourful manager " was seemingly parroting out what the allegedly alkie & " Mr Post Office " SM had told him to say but the orders to intimidate / threaten must have come from further on high . Dave Ward rightly condemned it as disgraceful bullying and it was mentioned in " Voice " that some AG's did not wish to appear in any pictures taken of London strike picket lines in case of illegal RM incriminations .

There had been orders from high to photograph picket lines and report back anything & everything about London strikes as RM were trying to prove that the CWU were condoning UIA . That got leaked to the Guardian and was reported on the front page .