Fixed term contracts, Tupe and the 2 year rule.

[TheUnderDog]

Hi,

So a bit of background. A relative of mine works within a school for dysfunctional kids, she will have worked for them for 4 years at the end of this fixed term contract. During March 2015 they changed from a council run school to an academy therefore becoming a limited company.

From what i understand the following would apply-

As her contract states a fixed end date this would make it a fixed term contract. Regardless if the employer states it is a temporary one.

TUPE would cover her length of employment, Ie the fixed term contracts would still be considered successive.

As she will have worked there for 4 years she can ask for the contact to be made permanent upon renewal in september and the employer would need to provide a good business reason as to why this shouldnt happen. As they are currently understaffed and over worked i dont see how this would be possible.

Should the employer not renew her contract in september then providing it is classed as fixed term contract this would be classed as a dismissal as she has worked there for more than two years.

This is all hypothetical, we are yet to see what the employer will offer. That being said they have a bit of a history and it would nice to be proactive and prepare a response in case.

Thanks in advance for any help,

[matt3942]

Re: Fixed term contracts, Tupe and the 2 year rule.

Hi [MENTION=52964]TheUnderDog[/MENTION] - welcome to the forum.

Is this one 4-year fixed-term contract, or a series of fixed-term contracts spanning the last 4 years?

My understanding is that your relative will be entitled to transfer under TUPE, and this will provide him/her with continuity of service. Also, the employer would need to have a fair reason for not renewing his/her contract.

- Matt

[teaboy2]

Re: Fixed term contracts, Tupe and the 2 year rule.

Hi,

So a bit of background. A relative of mine works within a school for dysfunctional kids, she will have worked for them for 4 years at the end of this fixed term contract. During March 2015 they changed from a council run school to an academy therefore becoming a limited company.

From what i understand the following would apply-

As her contract states a fixed end date this would make it a fixed term contract. Regardless if the employer states it is a temporary one.

TUPE would cover her length of employment, Ie the fixed term contracts would still be considered successive.

As she will have worked there for 4 years she can ask for the contact to be made permanent upon renewal in september and the employer would need to provide a good business reason as to why this shouldnt happen. As they are currently understaffed and over worked i dont see how this would be possible.

Should the employer not renew her contract in september then providing it is classed as fixed term contract this would be classed as a dismissal as she has worked there for more than two years.

This is all hypothetical, we are yet to see what the employer will offer. That being said they have a bit of a history and it would nice to be proactive and prepare a response in case.

Thanks in advance for any help,

Can you elaborate on the bit in red for clarity purposes as fixed term contracts are temporary! So am a little lost on that sentence in your post.

Though i agree with [MENTION=67649]matt3942[/MENTION] regarding TUPE.

[TheUnderDog]

Re: Fixed term contracts, Tupe and the 2 year rule.

Hi,

Thanks for the responses!

In regards to your question [MENTION=67649]matt3942[/MENTION] her contract renews every September to august, so this would her 4th consecutive fixed term contract.
[MENTION=19071]teaboy2[/MENTION]- Apologies if i caused any confusion, I was referring to specifically a temporary contract that does not have an end date, Ie your employed while there is work rather than a fixed term contract which ends on a fixed date, the implication being, i would assume, that if there is no work during that period ie sept to aug, you would still be employed. Of course thats ignoring any notice clauses ect,

[matt3942]

Re: Fixed term contracts, Tupe and the 2 year rule.

Thanks [MENTION=52964]TheUnderDog[/MENTION]

I would say the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 apply here. In particular Regulation 8, i.e. your relative will be entitled to apply for a permanent contract.

I asked the question because the fixed term contract should have been renewed at least once for the Regulations to apply. In this case it has, so they do.

- Matt