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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working in an architectural office than

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I have been working in an architectural office for more than 3 years now, on a succession of term contracts (6 months and more recently 1 year). But each contract has taken months to be renewed. As a result I have spent an important part of my employment without any signed agreement. The most recent contract (1 year) was only signed 6 months after the actual date of its renewal, and has now expired. I have asked for this to be renewed. I was given verbal assurance by my employer that that would be the case. This has been a more or less constant source of personal distress and I have suggested making the contract permanent. But for the moment, and view of how the office will be doing, he can only anticipate renewing it for a maximum of 3 years. This is unlike any other case within the office where the vast majority is less qualified, but are employed on a permanent basis. I hold a PhD and have more than 20 years in the profession, and must confess I have never seen such a thing... Your advice would be welcome.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?
Customer: replied 2 years ago.

Dear Ben,

The answer would be fair treatment and a permanent contract like everyone else. Can an employer have me wait for months to renew a contract, and if so, would there be any legal reason for the employer's hesitation to make it permanent?

Regards,

Jose

Expert:  Ben Jones replied 2 years ago.
It is possible to wait for a long time to renew a contract but that does not really change your rights. If a fixed term contract is not renewed or terminated but you simply continue in post, then it is assumed that the end date is simply moved and you continue being employed on the existing terms until either a renewal or termination takes place.
Making you permanent would not change your basic legal rights because you still get the same rights under law as other employees – protection against unfair dismissal after 2 years’ service, the right to holidays, redundancy, sick pay, etc. So anything you are missing out on would only be linked to internal benefits the employer may offer to permanent employees.
There is no requirement to make you permanent but the law operates in a way that after 4 years of consecutive renewals of fixed term contracts, the first renewal after that 4 year period has passed, will automatically make you permanent:
https://ucu.custhelp.com/app/answers/detail/a_id/96/~/rights-to-permanent-contract-of-employment%3A-fixed-term-employees-regulations
So I cannot comment on why they don’t want to make it permanent yet, but this will eventually happen automatically anyway so they may not be able to avoid that soon.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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