Fixed Term Contracts for Permanent Employees

[Shadowcat]

Are there any fixed-term contract experts out there as I need clarification of a few things before battle commences.

[labman]

Re: Fixed Term Contracts for Permanent Employees

A bit of background detail would be helpful.

[Shadowcat]

Re: Fixed Term Contracts for Permanent Employees

Started with company April 2007 seasonal contract
Worked continuously April 2007 to November 2009
New contract issued 2008 employing on a 7/5 basis (7 months guaranteed work, 5 months winter period they have the option to not give me work)
Laid off November 2009 til February 2010
Worked continuously until November 2011
Laid off November 2011 until April 2012


Queries:

March 2009 sent letter advising salary is £...... per annum.
May 2011 sent letter advising I am now a permanent employee.
Whilst laid off they retain P45 as I am their employee so any winter job is against a P46 and I do not qualify for any allowances like jobseekers.
No pay despite my salary being advised as on a per annum basis and I have not received all the amount that was advised.

Only ever signed one 7/5 contract in 2008 and think that to employ people on a 7/5 basis the company should renew the contract each year, my lay off period is not my fault and therefore I qualify to be paid.

Also, I question that in all the time with the company I did not qualify for a year round contract like some of my colleagues. Admittedly, a lot of those are being made redundant so that wasn't such a bad thing for me but still could be looked on as unfair treatment.

I think only signing the one contract is where they've gone wrong though but even that cannot override the fact that I am a permanent worker.

I hope the above is clear..ish, any questions ask away.

[strangewayofsavin]

Re: Fixed Term Contracts for Permanent Employees

if you only signed one contract for 2008, was the original contract through an agency?
As stated a seasonal contract is treated as a temp contract or casual contract which have different laws to temp or employment contracts.
You will need proof of the time you have worked i.e a contract or payslips, but recently a court will accept BACCS payment receipts, as proof of contract as long as they prove more than 3 months continual work, and not to a seasonal pattern.
The way you was treated, with the proof of a contract, temp or perm will also help, dependant on the prescribed terms, if they dictated the hours you worked, but stated you was free to work for others, dictated extra work in line with the contract that would affect the prevoious term, then they would take a position of control, which would make you a worker, which would mean you are entitled to core employment rights, as long as you could prove 3 months continual service, this would mean your case would be accepted by ACAS.

[Shadowcat]

Re: Fixed Term Contracts for Permanent Employees

No agency, I started with this company as a seasonal worker in April 2007 after training which started March 2007. So I've always worked for the same company, just the contract changed 2008 to the part year working but I never actually had a break in employment from starting with them til 2009, when I was laid off November 09 - February 10 then worked continuously February 10 - November 2011.

They have me as still working on duty paperwork, do not pay me and, as I am a permanent employee, I do not qualify for jobseekers allowance. I have zero money coming in until April 2012.

Some people were employed during 2009 and given all year round contracts of employment, I wasn't. I feel humiliated in a way and am at the stage where I will seek legal advice - but they will probably hate me. They have left me no choice but it will impact upon others that are in my position, maybe HR should have done some homework.
------------------------------- merged -------------------------------
And I have all my payslips from the start by the way, there's absolutely no issue with me having worked there.
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Oops sorry - I did sign a contract in 2007 but it was for the summer season 2007.

[strangewayofsavin]

Re: Fixed Term Contracts for Permanent Employees

O.k, so they take you on as a temp/seasonal worker, they lay you off, they take you back on again, then they lay you off, they give you a permanent position, they lay you off, but you continually work for them for an extra 2 years without them supplying a contract of employment, and the Jam role (dole) say you are not entitled to job seekers because you are on salary?
Did the Unemployment office advise you was entitled to any other benefits other than JSA?

[Shadowcat]

Re: Fixed Term Contracts for Permanent Employees

I was given a permanent 7/5 contract in 2008 with proviso written in that we may have to take unpaid leave for 5 months, it's getting a bit more involved as I now think this is a no-no as they also and concurrently put me on an annual salary but opting not to pay it for the remainder of the year if they have no work for me. I think it boils down to they pay all the salary or they make me redundant, if they want to operate these type iof contracts I believe they should renew them each year not issue one and assume that lasts ad infinitum. I am also concerned about my NI contribution. This is the first year I have been laid off so have previously never fully thought out the implications, for a start I never realised they would be keeping my P45 but thinking about it to give me that back would equate to redundancy.

I have brought it up and await their wrath....it will come.

[strangewayofsavin]

Re: Fixed Term Contracts for Permanent Employees

get in touch with your local ACAS adviser tomorrow morning 9am