Public Sector/ Fixed Term Contract

[moritorium]

I work in a public sector agency, impacted by the recruitment moritorium. I was recently told my contract would not be renewed, as it expires within the term of the moritorium.

Upon checking my contract I now see that the only reference to a "fixed term" is in the cover letter -- but no duration was specified. The contract itself says I am retained "for the specific purpose of reporting on XYZ", which are permanent functions of the agency (ie, not specific projects of a defined run). It says the commencement and natural termination dates are set out in the next para.

The next para contains no dates, neither start nor end. It merely says that I will not have recourse to the Unfair Dismissals Act if dismissal occurs as per the termination date. But there is no date!

I queried this with HR who told me it was a mistake, but their "intention" was always to issue a fixed term contract. They subsequently wrote to me (nine months after my initial appointment) to confirm the termination date which was absent from the original contract signed.


So where do I stand?

• Does the absence of dates from my original contract breach my employment rights?
• Does the reference to "specific purpose" and absence of termination date means this is an open-ended contract?
• Failing that, since I operated without official knowledge of my termination date for 9 months, can I now dispute my dismissal if it occured?

What a mess. All I want to do is get on with my (busy) job.
I'm not particularly looking for a fight as I enjoy working here... but HR are unwilling to concede a mistake occured...

 

[csirl]

You need to look at the covering letter which accompanied the original job offer. If the covering letter specifies the duration and is something along the lines of e.g. "we'd like to offer you a 1 year contract with the attached terms and conditions....please indicate if you are accepting etc..." Then it could be said that the timeframe in the offer letter is contractual and enforecable.

A lot of employers have a standard set of terms and conditions of employment and only state the dates or things which vary from employee to employee in the covering letter.

 

[moritorium]

@csirl

The cover letter states "offer of employment for a fixed period from the commencement date." But it doesn't elaborate on either duration or termination dates, and neither does the contract...

 

[Sunny]

I am not an expert but they would seem to be in breach of Terms Of Employment (Information) Act 1994 by not providing you with dates of employment until 9 months in.

Not sure this does much for you though. Are you hoping they will turn around and say "oops, our mistake, you have a permanent job" because that is very unlikely to happen. I think it is clear that their intention was always to offer you a fixed term contract. I gather by the tone of your post that you don't dispute this or the finishing up date that was provided to you albeit late in the day. It is unlikely you will achieve anything by fighting over a technicality.

However, as I say am not an expert so maybe talk to citizens advice or get legal advice.

 

[moritorium]

IAre you hoping they will turn around and say "oops, our mistake, you have a permanent job" because that is very unlikely to happen.

No, I'm a bit more realistic than that.

My question is: how can a contract with no explicit termination date fall within the mortorium on contracts expiring before Jan 2010??

 

[jquinn]

How long have you been there?

 

[Sunny]

No, I'm a bit more realistic than that.

My question is: how can a contract with no explicit termination date fall within the mortorium on contracts expiring before Jan 2010??

Ah right sorry. But was it originally supposed to fall before Jan 2010 when you signed it? You seem to hanging onto a technicality while ignoring the intention of the contract. You could argue it and you might have a good case. Either way though, mortorium or not, they seem to be entitled to end your contract. Get some advice though

 

[moritorium]

@jquinn
Nine months... it is important?

 

[jquinn]

If you're on Fixed Term Contract (FTC) for more than 3 years and there are no "objective" reasons for not making you permanent, then by law, you have to be treated the same as the other staff members - i.e. in a gov. job, you must be made permanent (get a CID - Contract of Indefinite Duration).
Really, with less than a years service I don't think you have any real rights. I've friends who've been working 7+ years as school teachers on FTC's for the same school who were kept on every year ("objective reasons" were maternity cover, career break cover, etc - although they were never provided with the names of the people they were supposed to be covering for) - and now they've been let go.