4 years on a temp contract

[chrisj]

Us ordinary folks might think this is straightforward but it would have been nice if dingo had said the same. But he has been referred to his Area Rep - something the poster has already done and he has even contacted HQ and was referred back to the manager

We either have a rule or not! Does it really matter if there are others in the office more senior also on temp FT contracts? If so, then this should have been sorted or clearly highlighted when the post was advertised.

I am guessing this poster works in a large office with MC attached and/or the duty he applied and then got for was not regarded as a good one?

[rehabron]

Ok. I applied for a duty which was advertised as perm full time. When I got the contract through the post it stated it was only on a temp basis. For over the last four years I have been full time. So I get holidays etc at full time rate. I undrrstand it was temp cause of the mail centre closures.

Head office told me it was a managers decision as to whether they could make me perm.

Yes I get full supplement and shares.

Sorry reread some of my earlier posts. I started rm on a 20 hr part time perm basis. Then next went up to full time on a temp basis even though the duty was advertised as permanent.

Job done, the Agreement with RM/CWU states 2yrs,the Law states 4yrs, so looking at this post he/ she can claim full time status happy days

Raikky are there others within your office also on a full time temporary contract and have they held their full time permanent contract for the same length of time you have. You also state that this duty was advertised as a permanent position yet you on receiving this duty was on a full time temporary contract basis did you question this at the time and also inform your union rep. Assuming that you are correct then the description of the job advertised was misinformed and should have been challenged at the time" Glenno" Contracts automatically become permanent after a 4 year period on temporary contracts is the law but as usual there is the " get out" clause that states employer must give a valid reason for refusing to make a contract permanent so " Raikky" there must be a situation within your office that you have omitted because I am totally confused with the circumstances surrounding your case.

[Martin Walsh]

Chris it is not as simple as that. Under the Way Forward when a job comes available which does not require selection skills then the following criteria is used , this includes for full time opportunities

1. Internal advisement of the job within the rescoucing area
2. Exsiting part time employees will have the opportunity to become full time and the practice of the most senior will be used for filling the job.

Why is it fair that someone who has been given a variation of contract from part time to full time gets a full time job when someone who has been working as a part timer in the same office for 10 years and has not been offered a chance to go on variation to full time is denied.

This is why I said it has to be established whether there other part timers in the office who are senior to the this indivdual . If there are not then it should be argued that he then gets a permanent full time contract.

[chrisj]

I was not having a go but i just thought it is quite hard to see any reasons why this person will perform a full time role for 4 years and an adjustment is not made to become permanent full time.

If there are others more senior in the office, then they should have applied for the post when it was advertised. This postie was not simply called into the office and made up to temporary full time... He applied for a role - if the others could not be bothered then that is their problem: it happens all the time, some posties prefer to stay on their round rather than move to another to get more hours...

Whichever way this person and perhaps others in the office have become Temporary Full Time posties, after 4 years the resourcing should have been sorted out: either they get reduced back to original contract or made up, I think.

[Martin Walsh]

Believe me there are lots of examples where Royal Mail have bypassed more senior part timers for the opportunity to become full time.

One of the things I am currently involved in is attempting to make FTCs permanent and there are quite a few who have been doing full time hours against a part time contract and this opportunity has not been offered to other part timers in the office some who have over 10 years service.

Equally Royal Mails recruitment is a shambles you have an office recuit someone on a 25 hour contract and then a few months later recuit a FTC on a full time contact when they should be going back to either a permanent part time member of staff or to the 25 hour person.

The opportunity for part time staff to become full time is getting harder as Royal Mail now have a policy that when a full time duty becomes vacant they only fill with a contract of 25 hours unless agreed by the delivery director otherwise.

This is why all opportunities for part timers to become full time has to be done fairly and in line with the way forward agreement. Not simply because a manager has made a mistake and not offered an opportunity to increase a part timers hours outside of the agreed pecking order.

[bustedflush]

Don't worry. Under the law you have done 4 years at those hours, therefore you are permanent employee at those hours and holidays/pay should be paid accordingly. Doesn't matter what RM/CWU/DOM says.

Yeah right.

Some in my office have 10yrs+ service, have been FT every week for years and still haven't got a FT contract.

Doesn't matter if it's in writing or not. Legally (i.e. in the case of tribunals, redundancy payments. pension contributions holiday pay etc.) you are evaluated on your historical working hours and pay which is deemed to be a contract regardless of signing a paper one.

[raikky]

very late reply sorry.

there are a few part timers in our office who are more senior to me. but they do not want full time. I applied for a duty in the office which anyone could of applied forbut I and a couple others were the only ones to apply for it.

I did ask my manager as soon as I got the contract through about it saying 'why is it temp it should bhe perm' but he said nothing to dowith him and union didn't have a clue aswel.

I know this post is old but its been over 4 years on a temp contract. what reasons can royal mail dish out to revert me back to part time if they like ? The law says there must be an esceptional circumstance but surely any employer could make anything up as exceptional.

[bustedflush]

very late reply sorry.

there are a few part timers in our office who are more senior to me. but they do not want full time. I applied for a duty in the office which anyone could of applied forbut I and a couple others were the only ones to apply for it.

I did ask my manager as soon as I got the contract through about it saying 'why is it temp it should bhe perm' but he said nothing to dowith him and union didn't have a clue aswel.

I know this post is old but its been over 4 years on a temp contract. what reasons can royal mail dish out to revert me back to part time if they like ? The law says there must be an esceptional circumstance but surely any employer could make anything up as exceptional.

Look, I'll say it again - IT IS UNLAWFUL to be continually employed on a temp contract for over 4 years. Simples.