Question: Fixed term contract not being renewed.?
I am currently working at a local NHS hospital.
I do clerical work, and have recently found out my contract isn't being renewed.
I've worked there for over a year, as i received a promotion and then got another 8 months on my contract.
At the time they were only giving out fixed-term contracts to administration staff.
This was because of Admin and Clerical Services Review, this is basically when they give staff on Permanent contracts, choice of jobs by fixed term staff.
So basically, the level of permanents currently working in certain admin jobs, are being moved to other areas replacing the fixed terms.
I have been actively been seeking a new job for the past month or so, just because i knew my contract was soon to run out.
I then had a meeting with management, and they basically told me my contract would not be renewed because of the admin review.
They told me they would help me find new work, sort out my CV, and anything else i needed.
My question is, am i entitled to anything else?
Or as soon as my contract ends, is that it?
Does it count as a dismissal?
I really don't want this to effect how i work, but i know it will playing on my mind a lot, money, a job, how my life is going to be effected by this.
Will my employer give me adequate time off to search for a new job? As i have little holiday left?
Or will i have to take it as unpaid?
Thank you to anyone who can help...
If also anyone has any experience that would be great to.
:)
Answer:
For an accurate and complete answer, contact ACAS, the employment law experts, who handle anything to do with employment queries and problems. They will give you free, impartial and confidential advice. Masses of useful info, plus contact details, on their website: www.acas.org.uk or ring them on 08457 47 47 47
The first answer is completely wrong. The end of a fixed term contract DOES count as a dismissal - see s95 of the Employment Rights Act 1996.
This means that the dismissal must be "fair" otherwise the employee has the usual right to claim for unfair dismissal. As you have been in the job for over a year you would qualify to make a claim.
If the employer does not need you any more then you are redundant, which is a potentially fair reason for dismissal. However, they have to conduct a fair process. It is not fair simply to move a permanent member of staff into your job and let you go. What the employer needs to do is to identify the "pool" of people who should be at risk - eg all admin and clerical staff. Then they select the ones who are to be kept based on objective criteria - eg by scoring on things like qualifications, skills, disciplinary record, etc.
If you are made redundant, then unless you have at least 2 years service you will not be entitled to any redundancy pay. But, once you are officially at risk your employer has a duty to give you reasonable time off to look for alternative work.
Your entitled to be paid and also entitled to any accrued holiday pay
It's not dismissal, it's merely the end of your fixed term contract
Any decent employer 'may' give you time off to attend interviews,
but as it's not redundancy they are not obliged to.
You can sign on and get JSA as your period of employment has ended