Employment problems

[starryeyedgrrrrrlll]

Hi all,

I'm new on here, mainly because I have a problem with my current employer and any advice would be useful!

 

I was employed in April on a short term (6 month) contract with the understanding that the contract may be extended at the end of the term. Last week, I had a meeting with my manager where she informed me that they would not be extending my contract, despite being happy with my work and how I fitted in with the company and team. She has in fact interviewed someone that she had previously come across who wasn't able to take the job earlier and employed them into the role I am in. Her reason for doing this being that he has a different background to mine, despite the fact that I have been working the role more than adequately for the last 4 months. SHe has also informed me that my contract was sent out with the incorrect termination info on which states that both parties have to give 3 months notice of termination on the contract, when she says it should have stated a months notice. She has told me that as a 'gesture of goodwill' she will honour that 3 months notice period and wants me to finish at the end of August instead of September.

 

My question is, that whilst I understand this was a short term contract, can she actually just end my contract without good reason, other than she's seen someone else and thinks they might be better? She has not even given me the opportunity to re-interview for the post. Consequently I'm feeling pretty hard done by!! Any advice would be appreciated!!

 

Thanks!

[maroondevo52]

Hello and Welcome, starryeygedrrrrrlll.

 

 

I'll move this thread to the appropriate Forum, you'll get all the advice you need in there

 

 

Regards.

 

Scott.

[starryeyedgrrrrrlll]

Thanks Scott, just posted in the appropriate forum when I realised I'd put it in the wrong place!

[elche]

I was employed in April on a short term (6 month) contract with the understanding that the contract may be extended at the end of the term. Last week,

 

Hi there and welcome to this forum.

 

I'm afraid I'm not going to give you much optimistic advise though! It seems like you had a 6 month fixed term contract (FTC). The option to extend is interesting, but if this was just a verbal, 'maybe' then ain't worth much. If this was written down, then it may depend on the precise wording of the clause.

 

The arrival of the end date of a FTC terminates the contract and no further consequences flow at common law. However, you could have claim for breach of the Stat Dismissal Procedures if the actual ending of the contract was not done properly from a procedural perspective e.g. notice, meeting, appeal.

 

BUT this claim is not 'free standing', and would have to piggyback on some other reason for claiming Unfair Dismissal (UD). As you only had 6 months continuity of service, you cannot bring a UD claim unless you can bring a claim under one of the exemptions to this short service rule - too many to list now, but none sugessted on above facts but do check as a fixed term employee you were not treated ess favourably than a comparable permanent employee engaged in similar work.

 

You may get some more optimistic advice from another contributor, but that is my opinion on the above facts, and your best to get out there looking for a new job.

Edited August 3, 2008 by elche286