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: 49786
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Type Your Employment Law Question Here...
Ben Jones is online now

I have been employed on a full-time permanent basis with the

Customer Question

I have been employed on a full-time permanent basis with the same public sector employer since 2006. Also within the same sector on this basis since 1995. I have also been promoted once into a permanent position. My current employer is urging me to apply for a promoted position, however, this position us on a two year fixed basis. The previous person resigned and was also on a two year fixed basis, which commenced 2012. There are equal positions within my own department that are on a permanent basis. My line manager cannot see why I feel this position appears to be unfair. I am reluctant to submit an application. It is possible to apply, if I am offered the position only agree to accept on a permanent basis?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Have you raised the possibility of making the position permanent with your employer?
JACUSTOMER-f54xol37- : Yes but so far only with my line manager. Would it be advisable to speak to HR?
Ben Jones :

Good morning. Your employer cannot force you to apply for this position and whilst they can offer you the opportunity to apply, the final decision would rest with you. Unless there was a specific contractual clause which forced you to apply for such opportunities as they become available, which I doubt as I have not seen such clauses before, then it would be up to you as to when and if you apply for it.

If at present the opportunity is only provided on a fixed term basis, there is nothing stopping you from trying to negotiate with the employer to amend its terms and make it permanent. You could state that you are willing to apply for it but not in its current state and you would do so only if it was made permanent. It is basically down to you and the employer to agree on the position’s terms and if no suitable agreement can be reached then you do not have to apply for it, regardless of how keen the employer is for you to do so.

As to raising this issue with HR, that is not a formal requirement and it would depend on the structure of your employer, for example if HR have anything to do with the creation of the job or the process as a whole. Ideally you want to be speaking with whoever is in charge of recruitment and for creating the job, so whilst they could be HR, it could also be an individual, but as mentioned it does depend on the structure of the company and who is actually responsible for this.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Expert:  Ben Jones replied 3 years ago.
Hello Clare, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you