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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73464
Experience:  Qualified Employment Solicitor
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I applied for a teaching post which was advertised as a

Customer Question

I applied for a teaching post which was advertised as a permanent position. ON appointment I was told that the governors had changed it to a one year contract. Is this legal?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No - don't want to rock the boat
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: supply treacher
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have been working as a surly teacher at the school. Three jobs became available and I applied. My interview went well but when I was told I had gained a position the head told me the governors had changed it to a one year contract
Submitted: 11 days ago.
Category: Employment Law
Expert:  Ben Jones replied 11 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 11 days ago.

When did you start? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 11 days ago.
Post will commence 01/09/2021
Expert:  Ben Jones replied 11 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

The changes from as permanent contract to a fixed-term one could potentially be viewed as a breach of contract by the employer. However, it is unlikely that there will be many remedies available to you. The reason for this is that in the first 2 years of employment you do not have any unfair dismissal protection so what could have happened is they could have honoured the contract as originally agreed and then at any time in the first 2 years, even on day one, they could have given you notice to terminate it and replaced it with the FTC one.

You can of course challenge the employer over it but if they refuse, then the legal remedies will not allow you to force them to honour the original contract or get further compensation as they could have still done this even if they had honoured the permanent contract.

Expert:  Ben Jones replied 11 days ago.

I appreciate this may not be the answer you were hoping for but it is the legal position and all I can tell you is what the law says. I do hope that it at least explains where you stand and I will be happy to clarify anything for you in relation to it. For now, thank you for using our service.

Customer: replied 11 days ago.
Thank you
That clarifies my position
Expert:  Ben Jones replied 11 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best