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: 48783
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 have been on a series of fixed term contracts with the same

Resolved Question:

I have been on a series of fixed term contracts with the same employer for 4.5 years. I recently asked for confirmation that I was now entitled to be treated as a full time employee and was told today (verbally) that the company has decided to make no changes to my contract.
My current contract continues to February 2016.
Also, throughout this period I have not received the annual bonus full time employees receive, and was not eligible for a pension until the recent pension changes. None of this was detailed in my contract.
Do you have any advice as to my rights and how I should proceed?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When did the last renewal take place?
Customer: replied 2 years ago.
For Ben Jones
My contract was renewed in January 2014 for an additional 2 years.
Expert:  Ben Jones replied 2 years ago.
Hello, I will deal with each issue separately. Firstly, the permanent status of your contract. Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so. The switch happens once you have 4 years of service on successive fixed term contracts and at the time that the first renewal once that term has passed is made. So you said your last renewal happened in January 2014 – were you employed for at least 4 years on successive fixed term contracts at that time? If not, then you would not become permanent until the next time your contract gets renewed, subject to you having these 4 years service at the time. So if your contract is not due to expire until Jan 2016, then you will not become permanent until that time and only if the employer decides to renew it for another fixed term. When it comes to the expiry of a fixed-term contract, the law regards ***** ***** a dismissal. Any employee whose fixed-term contract expires without renewal on the same terms as before will have the same rights to unfair dismissal protection and redundancy payment as a permanent employee, as long as they have the required length of service. If a fixed-term contract is allowed to expire and not renewed, it must be for one of the potentially fair reasons set out in section 98 of the Employment Rights Act 1996. These are capability, conduct, redundancy, illegality or some other substantial reason (SOSR). Employers should establish which reason they seek to rely on in good time before expiry of the contract, and will need to follow a fair procedure. In many cases, the non-renewal of a fixed-term contract will be potentially fair by reason of redundancy, but in other cases there may be another valid reason, depending on the employer's reason for using a fixed-term contract in the first instance. If the employer relies on redundancy they will have to check if suitable alternative employment can be offered to the employee instead of redundancy and will have to make a redundancy payment if the employee has more than two years' service. If the contract has been terminated with no apparent fair reason, then that could amount to unfair dismissal and a claim can potentially be made in the employment tribunal. In addition, a claim for detrimental treatment due to the employee's fixed-term status can be made at the same time or separately. Secondly, when it comes to the other issues you experienced, The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 exist to prevent the less favourable treatment of fixed-term employees. They ensure that fixed-term employees have more or less the same rights in the workplace as permanent employees. So if the sole reason you were not provided with the benefits in question was because of your fixed-term status that could indeed amount to detrimental treatment and be unlawful. You would be able to raise a grievance about this in order to try and get some sort of resolution with the employer. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you