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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am Chair of a Community Trust which is a Registered Charity

Resolved Question:

I am Chair of a Community Trust which is a Registered Charity and Company Limited by Guarantee. The Trust's primary role is the operation of Arundel Lido, which has open-air swimming pools. The site is only open to the public from May - September each year.

We first employed our current Lido Manager on a 6-month full-time contract (April - September 2011). We then gave him a one-year full-time contract (Oct 11 - Sep 12).
We then gave him another contract (for Oct 12 - Sep 13), but - due to financial problems resulting from the poor summer weather in 2012 - he was contracted to work only 2 days per week for the Winter Period (Oct 12 - Mar 13), returning to full-time employment for the Summer Period (Apr - Sep 13).
His most recent contract (for Oct 13 - Sep 14) again gave him full-time employment throughout his contractual year.
HOWEVER, we have now decided that there is insufficient work to be done in the coming Winter Period (Oct 14 - Mar 15) and there is therefore no requirement to employ a Lido Manager for this period. We are, however, considering offering him full-time employment from Mid-March 2015 to Mid-October 2015 work (i.e. a period 7 months) at a higher rate of pay.
BUT how do we handle this, please?
Does he, legally, become redundant at the end of his current contract?
Or, if he accepts the offer for next year, can he be viewed as being on "special unpaid leave" from 1 Oct 14 to (say) 14 Mar 15?

What options, and other considerations, are open to us, please?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is ***** ***** I am happy to help you today. Did the contract for the winter period contain any notice provisions?

Customer:

Sorry about the delay in coming back. I thought I would get an email message - but I have had problems with my email over the last couple of days.Each contract has contained a one-month

Customer:

In answer to your question, each contract has contained a one-month (either way) period of notice. There has , however, never been a separate contract for the "Winter Period". The first contract was for a "Summer Period" (Apr - Sep). Thereafter, all contacts have been annual (Oct -Sep).

Customer:

David

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