On Aug 21, 1:55 pm, David wrote:
> On 20 Aug, 22:34, M James Hunt wrote:
>
> > My job is based on fixed term contracts. I've been working there on a
> > succession of contracts for a little over 2 years but was recently
> > told there is no more work, and they won't be renewing the contact.
> > So I found another job.
>
> > Now my employer has had a 2 month extension on the current project, so
> > has offered a 2 month extension to the contract to me. Since I'll be
> > back in the same situation in a couple of months if I take the
> > contract extension, I'm taking the other job.
>
> > So my question is - Am I entitled to statutory redundancy if I'm on a
> > fixed term contract, and if so, am I still entitled to it if they
> > offer me a contract extension having given me notice?
>
> Much depends on when your continuous employment really started - ie.,
> were there any breaks in the 'succession of contracts' ?
2 years 4 months continuous employment as a succession of 3-9 month
contracts.
> http://www.emplaw.co.uk/researchfree-redirector.aspx?StartPage=data%2...
>
> In dismissing you, the employer should have complied with at least the
> minimum statutory dismissal procedure which should have involved
> written invitation to a hearing; fair hearing; right to be accompanied
> and right of appeal. A dismissal that doesn't comply will be
> automatically unfair but you'd need 12 months+ continuous employment
> to take it to a tribunal.
Thanks. That was pretty much my understanding, so it seems I have the
right idea, and the fixed term nature of the contract is not all that
relevant. It's the offer of an extension that confuses me.
> So, in summary, provided you had 12 months+ continuous employment it
> seems you'll have a claim and you may well be advised to put in a
> formal grievance to former emloyer to this effect first.
The dismissal notice said that I have the right to appeal. I appealed
in writing, on the grounds that they didn't follow the correct
procedure, and my belief that it is possible that they could have
found work for me on another project. It was after I appealed that I
was offered the 2 month extension. Presumably, the point of a formal
grievance is to allow the employer to reverse their decision, which
they seem to have done (although not exactly to my satisfaction).
So can it still be unfair dismissal if they offer not to dismiss me? |