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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I started a 6 month fixed term contract in sept 2013, the contract

Resolved Question:

I started a 6 month fixed term contract in sept 2013, the contract I signed was a permenant contract, I pointed out the error but due to time restrictions was advised to sign it and an amended one would be sent out..

no word since, advised once in jan that all FTC were extended to end march and I requested hols for june to be advised the ftc's not sorted yet will keep a note of the request.

Yesterday, 26 Mar I received an email from my line manager advising my a new fixed term contract is in the post and I should have it in 10 days, no mention of an end date.

Is the original permanent contract legally binding?

thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are you trying to apply from the original contract?
Customer:

I want to know if they can now send me a FTC when I signed a contract with no end date in September,

Ben Jones : Hi sorry my connection dropped. Apart from the end date, is everything else the same in the contract?
Customer:

yes

Customer:

Sorry , not actually sure as not received the new contract yet. told it will be about 10 days.

Customer:

is the original contract which I signed not legally binding?

Ben Jones :

Whilst you could argue that the original contract is binding, from a legal point of view that may not change much because the employer is able to terminate that contract legally and then re-employ you on a new contract. This is because you are not protected against unfair dismissal until you have at least 2 years continuous service with the company. So technically they could have given you a permanent contract with no end date, then after several month decided that they do not want you on a permanent contract. terminate that contract by giving you the notice specified under it and then re-employ you on the new contract, which could be a fixed term one.

Customer:

however, no notice has been given to terminate the contract, merely told me my new fixed term contract is in the post. I knew going into this it was intended to be a 6 month FTC but they issued an incorrect contract, does the fact that it was an error on their part , which they haven't attempted to correct until now

Customer:

mean they now have to give me notice and terminate my contract

Customer:

or are they within their rights to just issue a new contract on a FTC

Ben Jones :

What is the notice due?

Customer:

before 6 months it was 1 week - after 6 months is 1 month - I passed 6 months on 16th march

Ben Jones :

they should give you the notice under the contract to terminate but it won't change much for you if the new contract had the same terms, such as for pay and benefits because it would simply mean that you continue in the job for another month, enjoying the same terms, with the only difference that for the month you would be working under a 'permanent' contract rather than a fixed term one

Customer:

I take it there wouldn't be any difference to my tenure. that would go from the date I started regardless?

Ben Jones :

your continuous service with the company?

Customer:

yep

Ben Jones :

no, that would be continuous from the initial date you started with the comoany as there has been no break

Customer:

ok thanks for the advice Ben

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Customer:

am I missing something, the face isn't letting me select it. do I need to close this chat first?

Ben Jones :

I think it's a known technical issue, you can just type your rating instead and we can process it later, thanks

Customer:

ok thanks - well apart from the technical issues - which aren't you're fault, I thought you're advice was excellent, thanks

Ben Jones :

Many thanks, XXXXX XXXXX best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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