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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47381
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Regarding me a contract received new job offer,

Resolved Question:

Hi
Regarding me a contract received for a new job offer, the following has been written into the terms of employment in the contract: "This employment is on a rotating 12mths permanent basis." What does this mean? Is the job permanent? If so, why would the contract be renewed every 12 months?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How was the job sold to you?
Customer: replied 1 year ago.
It was sold to me as a permanent contract. I asked the employer what it meant and their response was: This is normal UK employment law contract, everyone in the team has the same one, on the point highlighted: you are entering with Fantoo a permanent contract which renews every 12mths.But I have held permanent jobs in the UK before and haven't seen this terminology before. Could you explain what it means please?
Expert:  Ben Jones replied 1 year ago.
I would not say that this is entirely normal. This is not a standard permanent contract, it is basically a fixed term contract for a period of 12 months. It is still permanent but for consecutive 12 month periods. Legally he employer can decide not to renew it one day and dismiss you but they can do the same whether they had that contract or not – the rules would be the same, in that the employer would need to show they had a fair reason for dismissal and follow a fair procedure. So whether there was a 12 month rolling contract in lace or one without such terms, you will have the same rights on protection from dismissal and the law would require the same from the employer to justify any dismissal. So you are a permanent employee and even if the contract says it is rolling, you will still get the same protection against dismissal as any other employee that did not have such a contract. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Hi BenThis is very helpful. If it was to be a permanent contract in the truest sense, ideally how should it be worded?
Expert:  Ben Jones replied 1 year ago.
Well every contract is permanent unless stated otherwise, so really you are looking at the opposite - wording which states it is not permanent, like temporary cover, a non-renewable fixed term contract etc. Your rights are not governed by whether your contract says it is permanent or not - it is your length of service that determines that. You need 2 years to be protected against unfair dismissal so even with a clear permanent contract you could still be dismissed legally in the first 2 years without being able to challenge it
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