Fixed Term Contract Expiring and A Disciplinary

[EagleBeagle]

Firstly, hi everyone!

Secondly, I've done some research and found out that if an employer fails to renew your contract, it is classed as dismissal.

Thirdly, my scenario:

Over the last year, I've suffered from depression. Part of it brought on by work, part by personal matters. I've taken around 6-7 weeks off sick prior to my current period which began in mid-April.

I began my employment over 2.5 years ago, and have been on a succession (13-14 by now!) of fixed-term contracts due to there being a long-awaited restructure in place. I have been told I'm a permanent member of staff on a temporary contract (verbally).

My contract expires at midnight tonight, and work haven't extended it.

To complicate matters, I'm undergoing a disciplinary investigation for several issues, at least one of which could lead to my dismissal (allow me to set it out here that they are not true), but the disciplinary process began almost a month after I was most recently signed off. I attended a meeting with occupational health a couple of weeks ago, and they advised that the initial investigatory meeting (scheduled for two weeks ago) be postponed; this was followed through, and rescheduled for tomorrow.

In summary:

My contract ends tonight
I've a meeting scheduled for tomorrow (my sicknote expires on Tuesday)

My question(s):

1) According to the law, am I right in thinking my employer has fired me, by not renewing my contract?
2) If so, does it lead to unfair dismissal?
3) What happens if they try to renew my contract after Monday?
4) What further advice do you have?

Many thanks for taking the time to read this, and greater thanks for those who reply!

EB.

[leclerc]

Re: Fixed Term Contract Expiring and A Disciplinary

I do not agree with your second point. If the employer fails to renew a fixed term contract, it is because it was a fixed term contract.
I would add that the disciplinary issue is over as you no longer work for them and the contract is done.


I would wait for Eloise but as you no longer work there then surely disciplinary procedures cannot go forward.

[EagleBeagle]

Re: Fixed Term Contract Expiring and A Disciplinary

I do not agree with your second point. If the employer fails to renew a fixed term contract, it is because it was a fixed term contract.

According to the law, because I have over 2 years service "This is considered to be a dismissal, and if the employee has 2 years’ service the employer needs to show that there’s a ‘fair’ reason for not renewing the contract (eg, if they were planning to stop doing the work the contract was for)."?

[leclerc]

Re: Fixed Term Contract Expiring and A Disciplinary

Is the disciplinary related to the sickness periods?

[EagleBeagle]

Re: Fixed Term Contract Expiring and A Disciplinary

No - although I previously had a capability meeting.

[Eloise01]

Re: Fixed Term Contract Expiring and A Disciplinary

According to the LAW, and not some potted version of what tomes of law and case law say, you have not been told that it hasn't been extended or renewed either, have you? If a fixed term contract extends beyond it's expiry date and the employer permits you to attend work for a reason connected to that work, then it automatically becomes a "permanent" contract - not that that has any meaning at all because there is no such thing. If the contract has been terminated then Leclerc is quite right - the disciplinary is over (although that does not mean the same thing as finished with) and you cannot attend the meeting they have scheduled for tomorrow. If they accept that they have the ongoing right to discipline you, then they are also accepting that the contract has not terminated.

Firstly, hi everyone!


1) According to the law, am I right in thinking my employer has fired me, by not renewing my contract? No. See above.

2) If so, does it lead to unfair dismissal? Possibly, but also possibly not. If the contract has terminated then it depends on the reason why it terminated. There are fair reasons for terminating a fixed term contract. Since we do not know that the contract has been terminated, and since we do not know what reason is given for any such termination, it is impossible to say whether that reason is fair or unfair in law.

3) What happens if they try to renew my contract after Monday? If you attend work in any guise and they accept that relationship, then they have "renewed" it. But not as a fixed term contract, simply as an employment contract.

4) What further advice do you have? Assuming that you intend to fight the disciplinary, you continue to attend work / disciplinary meetings (you have not mentioned whether you are suspended or not) and wait and see what happens next. The legal responsibility here to notice the date is the employers, not yours. If they continue, and pay you, then that settles the contractual matter. If they continue, and don't pay you, that would be an unlawful deduction of wages since they cannot discipline a former employee, so that still settles the contractual matter. If they continue and dismiss you, then that is a matter which I cannot comment on since I have no idea whether such a dismissal would be fair in law or not since I have no information - but "not being guilty" definitely doesn't mean it would be unfair in law!

[EagleBeagle]

Re: Fixed Term Contract Expiring and A Disciplinary

Thanks Eloise; so because they haven't extended my contract, nor written to me confirming I've been dismissed, where do I stand? Does the onus fall on them to renew it?

[Eloise01]

Re: Fixed Term Contract Expiring and A Disciplinary

Thanks Eloise; so because they haven't extended my contract, nor written to me confirming I've been dismissed, where do I stand? Does the onus fall on them to renew it?

No. I have explained that. If they continue the contractual relationship without extending it, it becomes just another employment contract. It is up to them to extend it as a fixed term contract, but no action is not the same thing as a dismissal. So you turn up to work and see what happens. Right now they have done nothing, and doing nothing is not unlawful. It is what they do next that determines the situation.

However, I should point out that this will all be rather moot if they achieve dismissal fairly in law on disciplinary grounds - in that case, no matter what they get wrong now, your best case scenario would be a win that netted you a few weeks wages up to the point of dismissal. Assuming that they even notice your contract has ended and don't pay you!

[EagleBeagle]

Re: Fixed Term Contract Expiring and A Disciplinary

I'm sorry if I'm being thick in all this by the way!

Final question: if I don't attend tomorrow, what's the situation? (FWIW, my working week is Tuesday - Saturday).

[Eloise01]

Re: Fixed Term Contract Expiring and A Disciplinary

If you intend to argue that the contract has not expired then you must attend. Attending is part of the contractual relationship, and if you fail to attend then you are the one breaking the relationship.

[EagleBeagle]

Re: Fixed Term Contract Expiring and A Disciplinary

And if I plan to argue that the contract has expired? (I don't particularly want to work there anymore)

[Eloise01]

Re: Fixed Term Contract Expiring and A Disciplinary

If you do not wish to work there then don't go, and tell them that the contract has expired. Don't make a tribunal claim because you won't have a cat in hell's chance - you will have accepted the contract has expired.

[EagleBeagle]

Re: Fixed Term Contract Expiring and A Disciplinary

Thank you.

[EagleBeagle]

Re: Fixed Term Contract Expiring and A Disciplinary

By means of an update..

I called HR on 3/7/13 to ask when my P45 would be posted. They said within 5-7 working days.

On 5/7/13 I received a letter dated 4/7/13 asking for a new medical certificate. I replied advising that as my contract had expired on June 30th, and had not been extended, I no longer worked for them, and, as such, did not need to provide one.

Today (6/7/13) I received a letter dated 2/7/13 (but post-dated yesterday!) saying that my contract was being extended, and until a formal termination meeting takes place, I will remain an employee.

I have not accepted this extension, and as the 30th June passed by, do I have to remain an employee? Or can I simply reject the extension?

(This is not about receiving any payout/legal claim against them - simply, am I free to leave, immediately?)

Thanks!

[teaboy2]

Re: Fixed Term Contract Expiring and A Disciplinary

You may reject the extension on the basis that your previous contract had expired at Midnight 30th June 2013 and they had not written to you to advise that they were intending to extend your last contract prior to it expiring, nor had you ever agreed to said alleged extension of the contract. Therefore your employment with them ceased at midnight 30th June 2013 as no other contract was in place to succeed the one that terminated on 30th June 2013. They therefore can not extend the contract and can only offer you a new contract of employment where your employment starts on a future date (this would be a new employment and previous employment record would be wiped clean i.e they would not be able to carry over the disciplinary to this new employment).

Also make the point to them, that it takes two parties to form a contract and as you never agreed to there alleged extension of your contract, which is evident in your previous letters to them where you informed them your contract expired and you are no longer an employee of theirs. Then said alleged contract extension never occurred nor will you agree to said extension of any other contract offer. As such you ceased being there employee at midnight 30th June 2013.

On a side note: Have they being Paying you sick pay since the 30th June? If so you will have to repay it.