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Fixed Term Contract?


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Hi all.

 

I'm a newbie on this forum, and would really like a bit of advice.

 

I have been employed by a recruitment agency for many years now - working in the same post at the same company in London since May 1999.

 

Each year, a Purchase Order that pays my wages for a year is presented to the finance team of the company, and a business case is submitted in support for renewing/extending my contract. In August, I was informed by a manager of the company that my contract was only renewed until 31st December 2010.

 

Job hunting thus began with a vengeance, but I still have found nothing so would like to confirm my rights.

 

I understand the rights of Fixed Term Contractors, but am confused as to the terms of the contract I signed with the agency. My contract does not stipulate a fixed term - it states "No termination date has been specified by our client". This confuses me - for the past 11 years a Purchase Order has been approved to extend/renew my contract every 12 months.

 

I e-mailed the agency HR manager (and her manager) on Monday, asking for confirmation of my contract end date and have not had a response - not even an acknowledgement.

 

I feel I am being screwed from all angles at the moment and feel I cannot approach company management and the agency is being less than helpful. The company want me to work my butt off as end of year is the busiest time for them, and the agency do not even respond to a simple question. There is no-one I work with in the same situation as me - they are either permanent employees, or employed under different agencies.

 

Can anyone help me confirm if my contract is FTC or not? The last contract amendment I signed was in 2005 – I have not had to sign a contract each year.

 

Thanks in advance.

 

chilihead

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The most important question here is the one you haven't clearly answered! Who is the employer? Because in various parts you make it sound like it is the agency, in other parts the company, and in yet another part that you are a contractor and self-employed! But it sounds like screwed would be an accurate desciption - based on what you have said I don't think you would even be entitled to redundancy, as it would appear that no fixed term contract exists - the contract sounds to be a contract of service between you and the agency, and if the contract between the agency and the company is terminated, then no mutual obligations between you and the agency exist. But it is somewhat unclear from the details provided, and it would be helpful to know you exact employment status.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Hello and welcome to CAG. You've posted the same thread twice, which is easily done but confusing for everyone. I suggest you click on the black triangle at the bottom of one of your posts, 'report' the duplication to the site team and ask them to delete the thread that has no answers at the moment.

 

HB

Illegitimi non carborundum

 

 

 

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Hi - thanks for your response. I am not self-employed. The contract I have is with the agency.

 

In that case it is likely (bearing in mind that I can't read the contract) that you are simply employed as an when work is available, with no guarantee of work and no requirment to accpet offered work. This is the normal type of agency contract, and as such you wouldn't have redundancy rights.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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