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End of a Fixed Term Contract during Covid 19

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    End of a Fixed Term Contract during Covid 19

    I am working for a company as FTC for 2+ years and it is expiring on 13th June. My company started a 30-day consultation process to end my contract and in my first consultation meeting, they informed me that client ended my role and they will try to look for roles within the company. I have my second consultation meeting with them soon. They said that the formal 30-day consultation period will end on Friday 5 June 2020. If by this date the Company has been unable to place me in suitable alternative employment, a decision will be made on whether I will be served with notice of termination of my employment by reason of the expiry of my fixed-term contract.
    They also advised that I may choose to ask someone to accompany you to the meeting who may be either an employee of the Company or a Trade Union representative.
    When I joined the company for the first time they said they will soon make me permanent and continued to extend my contract every 6 months and said that as per the company policy they can give me permanent role only after serving 2 years as an FTC and when I was about to finish by 2 years period, they said that they cannot see the future plan of the client so they extended it for another 6 months and now they decided to end my employment.
    I am new to this process and not sure what my rights are and what to ask in the consultation meeting. Am I eligible for any redundancy pay as I have seen on the govt website that for 2+years of FTC we can claim statutory Pay ?
    As My contract is ending on 13th June 2020, Will it be terminated on 5th June as they started the 30-day consultation on 7th May or 13th June or after the consultation period, will they give me notice to end my employment.
    I am going through a lot of stress as my family is dependant on me and due to COVID, I am not sure when can I get another Job. Can someone please advise

    #2
    Anyone who’s worked continually for the same employer for 2 years or more has the same redundancy rights as a permanent employee. Fixed-term employment contracts: Employees' rights - GOV.UK

    Also check here:
    Fixed-term employment contracts: Renewing or ending a fixed-term contract - GOV.UK
    Down with racism. Long live miscegenation!

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      #3
      You are being treated as though you were a permanent employee which is why they are going through a formal end of employment process. This does not mean that you actually were a permanent employee, just that this is the normal process for a fixed-term contract having been with an employer for so long.

      It is normal practice for someone to accompany you to any consultation meeting. Usually this will be a union representative, or someone who you trust to make sure that all of the details are understood and witnessed during the discussion. This is to protect the company as much as it is to protect the employee.

      You can take your employer to a tribunal if you feel that the process is unfair, or if you feel that you have a case against them for not following due process, but it doesn't sound as though this is the case.

      You *may* be due some redundancy payment, but this is likely to be very little; perhaps only the statutory minimum. You will be doing well if they offer you more than this.

      The best advice that I can offer you is to look for another role as soon as possible. Yes, times are tough, but you may be lucky.

      Also, start to investigate Universal Credit and how you can claim for anything that is available... and remember: any job may be better than no job.

      Good luck.
      Last edited by wattaj; 14 May 2020, 07:07. Reason: Clarity.
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      Former member of IPSE.


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      Many a mickle makes a muckle.

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      Comment


        #4
        You mention in the first sentence that your contract expires on 13th June.
        Unless circumstances change, that is the date that your contract ends.

        In terms of redundancy pay, if the reason for them not extending you is redundancy, then you should probably get between 0.5 and 1.5 weeks pay for every full year you have worked there. So if you're over 41 and have worked 2 years 11 months, you'd get 3 weeks pay. If you're under 22, it would be 1 week's pay.
        ...although there are exceptions, e.g. if you are an apprentice.
        …Maybe we ain’t that young anymore

        Comment


          #5
          I didn't think you could be in an FTC for more than 2 years? Is this another case of OP confusing terms?
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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            #6
            Originally posted by northernladuk View Post
            I didn't think you could be in an FTC for more than 2 years? Is this another case of OP confusing terms?

            I read it as they have been on a series of 6 month FTCs, and that in total it's more than 2 years (although exactly how much more, we're not told)
            …Maybe we ain’t that young anymore

            Comment


              #7
              Originally posted by northernladuk View Post
              I didn't think you could be in an FTC for more than 2 years? Is this another case of OP confusing terms?
              One becomes a de-facto employee after two four years; two years wrt redundancy. Which may be why the employer is seeking to terminate just prior to the two year barrier... thought he dates are a bit hard to decipher from the OP.

              Citation: Fixed-term employment contracts: Renewing or ending a fixed-term contract - GOV.UK

              HT: @JamesBrown
              Last edited by wattaj; 14 May 2020, 09:09. Reason: Corrections and citation.
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              Former member of IPSE.


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              Many a mickle makes a muckle.

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              Comment


                #8
                Whatever the situation is the quick answer is the OP needs to go get a consultation with an employment lawyer. We are contractors here and this is an employment issue. The only way he's going to get anywhere is with an expert behind him. He can't take this on alone.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by northernladuk View Post
                  Whatever the situation is the quick answer is the OP needs to go get a consultation with an employment lawyer. We are contractors here and this is an employment issue. The only way he's going to get anywhere is with an expert behind him. He can't take this on alone.
                  Agreed. Speak to the local union representative in the first instance if there is one. Then professional representation if they can afford it... Citizen's Advice or ACAS would be my first stop before an employment lawyer if there's no union rep.
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                  Former member of IPSE.


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                  Many a mickle makes a muckle.

                  ---

                  Comment


                    #10
                    Here’s the situation AIUI. An FTC becomes permanent after 4 years of continuous service on two or more fixed terms, but there is the possibility for agreement to be reached to waive this. Absent objective justification, an FTC otherwise has exactly the same rights as an employee, except w/r to redundancy (although permies can have probationary periods that are similar). After two years of continuous service, an FTC accrues the same redundancy rights as a permie.

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