12 Month Contract

[Senior Service]

I wonder if anybody can help me, i used to be union rep at my DO and our rep is on annual leave this week and next so we cant ask him. Anyway because i was union rep i was asked by a mate at work who was appointed nearly two years ago on a 1 year full time contract what his employment status is as he has never had it renewed or even mentioned by anyone since he started. If it was to be renewed it should have been done nearly a year ago but nothing was said. This raises a number of questions

Is he by default a permanent worker
Can they approach him at this stage saying as his contract ran out nearly a year ago so he will have to leave or sign another contract (i read on here about RM trying to get people to sign 3 month contracts)
What employment rights does he have?

He is getting worried since his wife read about workers with temporary contracts getting laid off at factories in this area and having 2 children he would like to sleep at night. Of course nothing may be said but if it is its best to be fore warned or armed.

We will take this to the union when the rep returns or i may have to ring them before hand even if it means stepping on our reps toes.

[noggin1969]

We had the same in our of

[TrueBlueTerrier]

Two things don't worry about treading on the toes of a rep helping a colleague out is more important than worrying about hurting someone's feelings. The rep should hopefully be thankful someone has stepped in whilst he was absent, if not then he is being a rep for the wrong reasons.

As Kelly Brook says in the advert says Go direct Gov mate:



Working longer than the contract's end date

If you worked past the end of your contract (for instance, you were kept on for a year when your original contract was for three months), there is an implied agreement by your employer to change the end date. You would then have the right to be given proper notice if your employer wanted to dismiss you.

quote is the link to site

[TrueBlueTerrier]

Further down on the same page


How long can an employer keep on renewing a fixed-term contract?

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. Only service from 10 July 2002 is counted towards the four-year limit.

The four-year limit was introduced to prevent employers abusing the use of successive fixed-term contracts to limit employees' employment rights. The limit can be changed by employers and employees agreeing a 'workforce' or 'collective' agreement. This agreement should then provide an alternative scheme for preventing the abuse of fixed-term contracts.

Workplace or collective agreements can vary the limit on the length or number of successive contracts used by an employer. They can also limit the use of successive contracts and set a list of reasons to justify renewals of fixed-term contracts.

Can an employer renew a fixed-term contract on less favourable terms?

If you are offered a renewed contract on less favourable terms than the original contract, you can refuse to accept it. You can then try to negotiate with your employer. If they will not change the terms, you will need to choose between accepting the amended contract or treating the contract as being at an end. If the contract does end, you may be able to claim unfair dismissal.