Hi, I've worked in the same job, for 5 years continuously on fixed term contracts, usually 3 or 6 months, but always renewed before they expired. The company changed hands a year ago and the new owners are now claiming my fixed term contract will expire at the end of the month. They have offered a new post, slightly different, but within my skill set, and have told me I can take this post on new contract terms and conditions or my employment will finish at the end of the month. Am I not now a permanent employee? Shouldn't they have to notify me that I am at risk of redundancy and go through the proper process including offering this new job as redeployment rather than end my contract and re-engage me on the new one with worse terms and conditions?
Redeployed or Re-engaged?
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Having been on a series of fixed-term contracts for more than 4 years you will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so.
If there is no continuation of the contract at the end of the current period then it may be considered a redundancy situation if, for example, there is no longer a requirement for the position. In which case you would be entitled to the same redundancy rights as a permanent employee.
If they want to renew the contract on less favourable terms, then the employer needs to reach an agreement with you to do so. If the contract ends and you have been unable to reach an agreement, you may be able to claim unfair dismissal.
*If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com
I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.
I do my best to provide good practical advice, however I do so without liability.
If you have any doubts then do please seek professional legal advice.
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