Fixed term contracts and redundancy

[Bikinidesperate]

Hi everyone :tinysmile_grin_t:

I'm currently working on a fixed term contract which started in 2009 for six months and has kept rolling on ever since. The current end date is 31st March 2013, and there is a reasonable chance that I will be offered a completely new contract starting the next day - i.e. not an extension of my current terms but a new role altogether in a separate but related org. Obviously I am within my rights to refuse this, but my question is, would I still be able to claim redundancy? The organisation I work for will cease to exist after 31st March due to large scale reorganisation, and I have already been placed "at risk".

I'd be grateful for your thoughts.

BD

[miliitant]

Re: Fixed term contracts and redundancy

this can get complicated

at the end of each contract term, was their a break in employment, say for a week, month

Although there is some legal uncertainty in this area, in general, it is safest to assume that any planned gaps in employment will not break continuity, especially if they are for a short period in comparison to the overall length of employment

Fixed-term contracts will normally end automatically when they reach the agreed end date. The employer doesn’t have to give any notice

Any employee on a fixed-term contract for 4 or more years will automatically become a permanent employee when their contract is renewed or they are given a new contract

A decision not to renew a fixed-term contract is expressly regarded in law as a dismissal

Fixed-term staff with more than a year's service are entitled not to be unfairly dismissed. Whatever their length of service, fixed-term employees can bring claims in relation to any treatment that is less favourable than that offered to comparable permanent employees

[miliitant]

Re: Fixed term contracts and redundancy

you may be entitled to statutory redundancy payments after 2 years’ service if the work ends unexpectedly

The minimum notice period fixed-term employees are entitled to is:

• after 1 month’s continuous service, but less than 2 years – 1 week
• after 2 years’ continuous employment – 1 week for each year worked

[Bikinidesperate]

Re: Fixed term contracts and redundancy

No sorry - that's not quite what I'm asking.

Given that the end of a fixed term contract is a dismissal in law, and in this case the contract has run continuously for more than the required 104 weeks to attract redundancy rights, if I refuse a new contract (as opposed to the contract ending and no extension being offered), would I still be entitled to collect a redundancy payment?

[miliitant]

Re: Fixed term contracts and redundancy

i can see where you are going with this but at the end of the day, its still a fixed term contract

all that you can claim is the normal redundency notice period for more than 12 months service or if the fixed term contract was terminated early after 12 months service, then redundency pay would be applicable