Employment Lawyers Can Answer Your Employment Law Questions
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.
I'll repost Clause 29 :
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.
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.
I'm going to speak to my union and see what they can do.
It's ridiculous that an employee doesn't have many rights unless they have 2 or more years service. Hardly fair.
Thanks once again.
you are welcome, all the best
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