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  • Late night employment law
  • Clover
    Full Member

    I have until 5pm tomorrow to decide whether to accept that my current post is being made redundant.There’s another role available – more or less created for me (I have more skills than current role uses). However the new role is 9 months FTC unless further funding is found (voluntary sector, funding is intermittent).

    Even though it’s a fixed term contract ‘my employment rights still apply from continuous service’. I’ve been there more than 2 years. So would that mean that even at the end of the fixed term contract I would still be entitled to redundancy?

    Funding is always an issue in the sector so I am not sure what there is to gain by making it a fixed term contract if this is the case (although our director assures me that there’s no material difference between a contract which is nominally permanent but subject to funding and a fixed term which is extended if further funding is found). I’ll take the job but knowing whether this is true will inform how much effort I will put into it (vs finding another asap).

    Junkyard
    Free Member

    So would that mean that even at the end of the fixed term contract I would still be entitled to redundancy?

    YES from date you first started working with the company not the role

    there’s no material difference between a contract which is nominally permanent but subject to funding and a fixed term which is extended if further funding is found)

    Sort of true you have the same rights but the role is not permanent- ie it has a fixed end date

    Mine ends in June 2020 for example so it is not a permanent role
    Others in the organisation do not have a time limited contract so it is “permanent”

    As you note in the sector we work in it is a relatively meaningless term as the entire organisation is “subject to funding”

    I suspect refusing the role is resigning as well so you will basically need to take it. It needs to be an equivalent role though so check your current terms and conditions and redundancy/redeployment policy

    jambalaya
    Free Member

    OP I assume you mean you have until 5pm to accept their redundancy offer or the move to the 9 month contract ? Its never (ime) upto the employee to decide whether a role is redundant, thats the employers call. Again ime redundancy payments are only going one way, ie down. What you may be offered in 9 months may well be less than you’d get now. Also if its a FTC I would expect in 9 months you get nothing. Redundancy is a payment for unexpected loss of employment. An FTC it’s totally expectedthe role will end.

    Good luck

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    Clover
    Full Member

    Thanks – I now have in writing that this won’t affect my employment rights and redundancy would still apply if the contract ends in 9 months.

    Obviously I now have an incentive to help turn the organisation round.

    jimdubleyou
    Full Member

    I now have in writing that this won’t affect my employment rights and redundancy would still apply if the contract ends in 9 months.

    I would be looking to get the redundancy package defined (in writing) now.

    Redundancy might well apply at the end of nine months, but based on what formula? They might argue you have no expectation of work past the 9 months, so your redundancy calculation could be zero.

    IANAL, but have dealt with people trying to screw me over before.

    Junkyard
    Free Member

    it has to be from the first date of employment as it is continuous service but no harm in having this stated in the letter

    Clover
    Full Member

    It’s ok thanks, I have in writing that all employment rights are not affected and are based on continuous service from August 2014. It’s voluntary sector so it’s all minimal, it’s more the principle and knowing that they’re being straight up.

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