Fixed term contract end

[Londoner99]

Hi I'm new to this forum and hoping for some broad advice on my issue.
I'm employed by a local authority on a fixed term until the end of this year. The fixed term was 'pending a staffing restructure' as per my contract.

I have 5 years continuous service recorded in my contract. My query is about the possibility of my contract ending as planned; would I qualify for redundancy? I've read that if dismissed for SOSR then I may not but how can my employer justify this.

thank you for any advice offered which will help me plan enormously.

Londoner.

[ULA]

If you have 5 years continuous service via fixed terms contracts then you may be considered a permanent employee, unless your employer has a good business reason not to so or a collective agreement removes the right.

Effectively if the job you are carrying out is no longer required at the end of the current term then you may be entitled to a redundancy payment and the same redundancy rights as a permanent employee.

[Londoner99]

Hi Ula

Thank you for helping. I moved from a permanent to fixed term to reduce stress so I am definitely fixed term at the moment.

In your reply you say I 'may' be entitled to redundancy. This is the crux of my query - under what circumstances might I not be entitled.

[ULA]

How long were you on a permanent contract and now on a fixed term contract?

When they moved you to a fixed term contract did they confirm continuous service from the date you started your permanent contract? If so then at five years continuous service you have more than the requisite two years service. If when you started your first fixed term contract this became your new start date for continuous service then you will need two completed years service without a break in contracts.

If the reason for non-renewal of the contract is redundancy and you have the 2 year qualifying service then you would qualify for redundancy payment

[Londoner99]

Hi again

Yes I can confirm I have 5 years continuous service with 6 months on fixed term at my request.

I'm still not sure how it's decided that I will be made redundant or not? How is that decision made?

[ULA]

As a general rule if your employer does not intend to replace you once your contract expires and the non-renewal means there will be less employees overall it is probably a redundancy situation.