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Fixed Term Contract to Permanent Contract

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  • Fixed Term Contract to Permanent Contract

    Hi,

    I have been working under a Fixed Term Contract since 2012 July. I have had my contract extended twice in the past (all fixed term contract) and my current fixed term contract runs till July 2017. Last week I received a letter from HR saying I have now been moved from "Fixed Term Contract" to a "Permanent Contract". All other T&C's of the employment remaining same.

    I know I would have been eligible for a permanent employee (staff) position after 4 years of FTC but couple of months before that they decided to make me permanent contractor. Now there doesn't seem much of a difference between the two but the staff (permanent employees) get additional benefits compared to permanent contract staff.

    What would be your suggestion? Should I just take the offer and forget about the additional benefits that permanent employees get or should I just decline the permanent contract offer as my 4 years will be up in 2 months time and then ask for a Permanent employee position? If I decline to take this offer, can the company make me redundant before my 4 years are up (although my contract is till July next year)? :confused2:

    I am really looking forward to some advice here as I don't want to be disadvantaged due to change in contract type. At the same time I do not also want to risk being made redundant in the current climate. Thanks in advance for any reponse.
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  • #2
    Re: Fixed Term Contract to Permanent Contract

    Can you just clarify how the business separates a permanent contractor and a permanent employee, obviously there seems to be some difference in benefits but if your now permanent that to me would mean a permanent employee?

    If you decline as far as I am aware you are on a fixed term and cannot make you redundant without paying the remainder of the fixed term.

    I've honestly never heard of a permanent contractor before, so m interested to know the difference here. As for redundancy they will have to follow a process and if they don't then you might have a remedy against thEm. As you have worked for more than 2 years you get the same protection for redundancy as permanent employees
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: Fixed Term Contract to Permanent Contract

      Originally posted by nomeames View Post
      Hi,

      I have been working under a Fixed Term Contract since 2012 July. I have had my contract extended twice in the past (all fixed term contract) and my current fixed term contract runs till July 2017. Last week I received a letter from HR saying I have now been moved from "Fixed Term Contract" to a "Permanent Contract". All other T&C's of the employment remaining same.

      I know I would have been eligible for a permanent employee (staff) position after 4 years of FTC but couple of months before that they decided to make me permanent contractor. Now there doesn't seem much of a difference between the two but the staff (permanent employees) get additional benefits compared to permanent contract staff.

      What would be your suggestion? Should I just take the offer and forget about the additional benefits that permanent employees get or should I just decline the permanent contract offer as my 4 years will be up in 2 months time and then ask for a Permanent employee position? If I decline to take this offer, can the company make me redundant before my 4 years are up (although my contract is till July next year)? :confused2:

      I am really looking forward to some advice here as I don't want to be disadvantaged due to change in contract type. At the same time I do not also want to risk being made redundant in the current climate. Thanks in advance for any reponse.
      If there were permanent contractors it would be unfair to other contractors, ie tendering is fair, but permanent contractors is not. I suppose it depends on the nature of the employment, also whether it's public company, ie some relationship to public authorities such as the council, or a private entity.

      Comment


      • #4
        Re: Fixed Term Contract to Permanent Contract

        Originally posted by Openlaw15 View Post
        If there were permanent contractors it would be unfair to other contractors, ie tendering is fair, but permanent contractors is not. I suppose it depends on the nature of the employment, also whether it's public company, ie some relationship to public authorities such as the council, or a private entity.
        The company is a private entity. I am confused too as the letter just says that I am being moved from a "fixed term contract" to a "Permanent Contract". To me "Permanent Contract" means a contract that doesn't have an end date but either party can terminate the contract any time by giving the notice. I am not sure whether those who are Permanent "employee" or "staff" can also be terminated in the same way or whether they have additional rights? I know for sure (from colleagues who are permanent employees since the day they joined company) that they get additional benefits like gym membership, additional allowances etc but these benefits have not been offered to me as the letter says other T&Cs (except the FTC nature of contract) remains same. Any idea if there is anything sneaky going on here or am I just being paranoid? Should I suggest change in contract wording and if so what?
        Thanks again....

        Comment

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