How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48769
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

, I am a Town Centre Warden London Local Authority

Customer Question

,
I am a Town Centre Warden London Local Authority (council). I have been employed as a Warden since 21st July 2014.
On Thursday 8th January 2015, me and the other wardens on fixed term contracts were called into a meeting. There are approximately 13 Wardens employed on fixed term contracts until 31st March 2015.
At this meeting, It was explained that "the funding has run out and your contracts will terminate early on 8th February 2015." It was explained that the council was using Clause 29 to do this. It was stated that this clause allowed the council to terminate the contract if there was no funding.
It was also explained there would be one temporary Town Centre Warden position until 31st March 2015 (literally a one month position) which could be applied for. It was also explained that they were applying funding, but that funding couldn't be guaranteed. It was further explained that we will only be paid until 8th February.
We were then handed a letter re-iterating what was said.
I have brought this to your attention reasons:
- It is my belief that Clause 29 doesn't give the council power to end the contract early.
-Our department has just been allowed several thousands of pounds to pay . The council state this is separate funding, but this leads me to question the availability of funding to pay .
-The 3 temporary team leaders are staying in their positions until 31st March despite there will only be 9 Wardens left, and allegedly there is no funding.
This is Clause 29 in my contract verbatim, (bold and grammatical errors included exactly):
----
This contract is fixed term until 31st March 2015. The reason fixed term nature of this contract is, This contract is funded through "the environmental enhancements (town centres) budget". Should that funding be no longer available to the Council, this fixed term contract will terminate.
----
Can you please assist with this matter?
Kind Regards,
Robert
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. Did you have a contractual notice period termination?
JACUSTOMER-ighnrhpz- :

The Clause they state they are using is Clause 29, which I have quoted in my original question. There is no mention elsewhere of anything of that nature.

JACUSTOMER-ighnrhpz- :

I'll repost Clause 29 :

JACUSTOMER-ighnrhpz- :

This contract is fixed term until 31st March 2015. The reason fixed term nature of this contract is, This contract is funded through "the environmental enhancements (town centres) budget". Should that funding be no longer available to the Council, this fixed term contract will terminate.

Ben Jones :

Thank you. I am afraid your rights will be rather limited in this case. If you do not have more than 2 years’ continuous service you will not be protected against unfair dismissal, which means the employer could dismiss you or less any reason and without having to follow a fair procedure. Generally, if you have a fixed term contract the employer would be expected to employ you duration f the contract, unless the contract allows termination. Whilst specific reasons may be mentioned in the contract in relation to when it can be ended early, all the employer needs is the ability to end it early, even if the reasons are not actually met. In your case the contract states that it can be ended early so the employer has the legal right to end it early even if the actual reasons mentioned in the contract have not been met. All that matters after that is that the employer gives you the required notice period to terminate your employment. If your contract has a notice period it must be that. If no contractual notice period exists then they must give you a week’s notice.

Therefore, following all that I have said above, the employer is able to terminate your contract early by giving you wither the contractual notice period you are entitled to, or if such notice is not mentioned – they must give you a week.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news from time to time. Please let me know if you need me to clarify anything.

JACUSTOMER-ighnrhpz- :

Thanks reply.

JACUSTOMER-ighnrhpz- :

I'm going to speak to my union and see what they can do.

JACUSTOMER-ighnrhpz- :

It's ridiculous that an employee doesn't have many rights unless they have 2 or more years service. Hardly fair.

JACUSTOMER-ighnrhpz- :

Thanks once again.

Ben Jones :

you are welcome, all the best

JACUSTOMER-ighnrhpz- :

The system isn't letting me rate your answer.

Ben Jones :

Apologies , there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Excellent service.

Expert:  Ben Jones replied 2 years ago.
many thanks all the best