Fixed Term Contract Expiring and A Disciplinary

[Eloise01]

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!

Assuming that you have no intention of claiming unfair dismissal, and do not need or want a reference, and won't be requiring benefits which can be sanctioned, you are free to leave immediately.

BTW - it would not be correct that previous continuous service is "wiped clean" if a new contract is offered. The offer of a new contract / extension was made within a week, and a break of one week or more is required to break continuous employment. The contract extension would have been with continuous service intact - not, as stated by a previous poster " 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". I really don't know where anyone would get that idea - the law is very clear on what continuous service consist of. And it is very clear that had you accepted the extension continuous service would have been preserved.

[Sapphire]

Re: Fixed Term Contract Expiring and A Disciplinary

Hi everyone, this thread descended into a heated discussion which was unfair on the OP, please can you get back on subject. If you wish to carry on the 'other' discussion you can find it in the VIP discussion area, if you are a VIP of course.

[Guest]

Re: Fixed Term Contract Expiring and A Disciplinary

Hi everyone, this thread descended into a heated discussion which was unfair on the OP, please can you get back on subject. If you wish to carry on the 'other' discussion you can find it in the VIP discussion area, if you are a VIP of course.

I was just about to sign up, don't think I will bother now )

[teaboy2]

Re: Fixed Term Contract Expiring and A Disciplinary

Hi everyone, this thread descended into a heated discussion which was unfair on the OP, please can you get back on subject. If you wish to carry on the 'other' discussion you can find it in the VIP discussion area, if you are a VIP of course.

Hi Sapphire can you provide a link so to the VIP thread where this discussion is being continued please via PM.

I do agree with your decision to remove all related posts though as they were not fair on op as you said - but i would also like to be able to defend myself even in VIP in a polite and not offensive manner. Unfortunately i was not emailed a link as to where the previous posts have been moved, to so that i could respond or read to them of read them.

[charitynjw]

Re: Fixed Term Contract Expiring and A Disciplinary

There you go

http://www.legalbeagles.info/forums/...cussion-thread

[teaboy2]

Re: Fixed Term Contract Expiring and A Disciplinary

There you go

http://www.legalbeagles.info/forums/...cussion-thread

Thanks charity - Have posted a response in the new thread. won't say details here though, but i tried to speak from the heart! (not that us men are any good at that).

[EagleBeagle]

Re: Fixed Term Contract Expiring and A Disciplinary

UPDATE:

So, for some reason, emails have been going back and forth for the last month.

Anyway, the latest from them includes:

I have to assume on the basis of the content of the your email dated 28th July last that you have no wish to remain an employee of Flintshire County Council and that you have in effect tenderedyour resignation. Given that you are currently being investigated for allegations of gross misconduct which, if substantiated, may have led to your dismissal,your resignation satisfies the objectives of this authority. It facilitates your exit from the organisation, ensuring that you have no further opportunity to misuse your position, I can therefore confirm my acceptance of your resignation, with your last working day being 31st July 2013.

My key points in bold.

How does that read to the lovely people here?

[Inca]

Re: Fixed Term Contract Expiring and A Disciplinary

I'm no expert by any means but to me that says they accept your resignation as it saves them the hassle of having to go through the disciplinary procedure,and as of 31st July you no longer work for them.
A sort of 'jumped before you were pushed' exit.

[EagleBeagle]

Re: Fixed Term Contract Expiring and A Disciplinary

I meant more the "satisfies the objectives bit" - their objective was for me to leave?

Similarly, "no further opportunity to misuse my position" - no investigation has actually begun, and they refused to inform me of the claims.

[charitynjw]

Re: Fixed Term Contract Expiring and A Disciplinary

In my opinion, they have stated that the disciplinary is ongoing.

That being the case, they view you as still being employed by them.

Gross misconduct?
Where the heck did that come from?

My take would be that they may well have decided that any allegations won't hold water, so they are trying to get you to resign, thus relieving them from possible legal action.

(just a 'gut' feeling - I could be wrong!)

If you no longer want to work there, why not use that as a negotiating tool (ie, drop the 'charges' & give a good reference)

[Guest]

Re: Fixed Term Contract Expiring and A Disciplinary

UPDATE:

So, for some reason, emails have been going back and forth for the last month.

Anyway, the latest from them includes:



My key points in bold.

How does that read to the lovely people here?

Seems a bit strong to me" ensuring that you have no further opportunity to misuse etc." it rather presumes that the result of the investigation would prove your culpability.

Should in my opinion have read, "your resignation removes the necessity for any further investigation into the alleged misconduct". However if you are happy with this, you do not need a reference, and there are no issues that could further bother you regarding this matter, I would put it behind me.

[FlamingParrot]

Re: Fixed Term Contract Expiring and A Disciplinary

Should in my opinion have read, "your resignation removes the necessity for any further investigation into the alleged misconduct". However if you are happy with this, you do not need a reference, and there are no issues that could further bother you regarding this matter, I would put it behind me.

I'd say in most cases you'd need one, and if you are going to make life easy for them by resigning, then the least you could expect is for them to agree to say that you resigned and leave it at that.

Even when you resign, there's always the possibility of claiming constructive dismissal. I'm aware the chances of success at the ET are just 3% but despite this, I know someone who submitted such a claim and the employer offered a small settlement and, more importantly, an agreed reference. I'm also aware that these days you have to pay a fee to submit a claim but it *could* be worth it, depending on the circumstances, of course. I'm just going by my own experience and a few others I know about. :thumb: