Fixed Term Contract Overrun by 1 1/2 years.... What are my rights and status?

[Little_Mouse]

I hope somebody can help.... I have a few questions.

 

My story:

 

I worked for a company from January 2004 to January 2011 on a permanent basis.

 

Due to relocation (mine) I was put on a 1 year fix term contract January 2011 to January 2012. My terms and conditions stayed the same as when I was permanently employed.

 

When the fixed term contract ran out January 2012 I asked far a new contract but nothing happened. To this day I am still working and get paid, holiday allowance, payrises etc accordingly to my old permanent term and conditions but no actual contract.

 

I work in IT and I can see that I am on our system as a permanent employee...

 

My questions is what are my rights?

 

The company I work for are likely to be cutting staff...

 

Can they just tell me to leave?

 

Do I have any claim on redundancy pay as I don't have a contract in case I am asked to leave?

 

Is there anywhere in UK employment law that states that a person is considerate a permanent employee if he/she have been paid for over 3 months without a valid contract?

 

If not what are my employment status? Still fixed term contract but without a contract?

 

I found this on a website:

 

Continuing Contracts

A situation that can often occur is when a fixed term employee’s contract comes to an end but the employer does not give any notice of expiry or does not reissue a new contract before the expiry of the old contract. Under these circumstances, if the employer has continued with the employment relationship (i.e. continues to pay the employee) then by implication, the employer has created a new contract of employment where the employee would now be considered to be permanent and on a normal open contract with similar terms and conditions as before

 

 

Any thoughts/help will be very much appreciated. I am truly lost

 

Happy Thursday

[filrobbo]

Don't worry at lest you got a job

[Little_Mouse]

I don't know what to say to that? Thanks? - Yes I do have a job but for how long? I need to know my rights just in case....

[filrobbo]

Some times work contracts aren't with the paper there written on but some will be here to help you soon.

[Emmzzi]

did you have any break in employment?

[Little_Mouse]

Hello No break.... Cheers

[Emmzzi]

so a massive grey area

 

https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

 

Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so.

 

So you don't hit the 4 year mark BUT you have continuity of service, unless you waived it?

 

I am afraid you need someone more specialist than me

[Little_Mouse]

Thank you, yes massive grey area... I really hope that somebody knows something/anything... I am crossing fingers

[mariefab]

I think that the bit about continuing contracts sums it up nicely.

 

You effectively have a 'permanent' contract running from January 2004 to the present.

 

Although there was a fixed-term contract during that period that started in January 2011, they failed to either renew or extend the fixed-term contract before it expired in January 2012. So you ceased to be a fixed-term employee on that date.

 

Instead you continued working there, so you automatically reverted back to your old 'permanent contract' with all it's attendant rights.

[Little_Mouse]

Hi Mariefab

 

That is what I thought... But I have learned not to trust everything you read and I am therefore looking/asking to see if anybody knows more about it. I have just tried to read the UK employment law.. Oh dear it is not easy! Any law professionals out there?

[Emmzzi]

Generally that is why people join a union, to get access to legal professionals if they need it. Also check your home and contents cover. Or pay a lawyer?

 

Of course the staff cuts are just a rumour at the moment. So I'd sit tight; and get a lawyer if it came to it.

 

I'd also calculate your redundancy entitlement; with your combined length of service I'd still query if its worth paying a lawyer or ET costs.

 

https://www.gov.uk/calculate-your-redundancy-pay

 

I'd say the fixed term thing is a red herring and its combined length of service hat counts

 

http://www.ucu.org.uk/index.cfm?articleid=3547

[mariefab]

I agree with Emmzzi, the fixed- term thing is a red herring.

 

You'll find the legal definition of a fixed term contract/employee in the link below:

 

http://www.legislation.gov.uk/uksi/2002/2034/regulation/1/made

 

So, you only qualified as a fixed-term employee during the period Jan 2011 to Jan 2012.

(I assume that you would've mentioned it if your employer had extended or renewed the fixed-term contract.)

 

Therefore;

Jan 2004 to Jan 2011- permanent ... Jan 2011 to Jan 2012- fixed-term contract... Jan 2012 to present- permanent

= Jan 2004 to present- effectively permanent contract; for the purposes of continuous service, redundancy and any other employment rights.

 

The absence of a written contract (or other document) is irrelevant.