Fixed term contract and redundancy

**Old Greg** · 8 March 2011, 20:52

Originally posted by Adeal3 View Post

Hi

Can anyone offer any advice on the below.

I work for a Govt body seconded to a central Govt Department. I've been on fixed term contracts for over 2 years and have been paid a day rate and holiday but with paye deducted by the Govt body. I do not decide my hours, place of work and behave as a civil servant. It now looks as if my contract will end and I've been told I will get statutory redundancy. However, colleagues employed in the same way but receiving a pro rata package will get an enhanced (civil service) package. The only difference between me and my colleagues is I get only the day rate and holidays and they get a full pro rata package - my day rate compensates for the lack of benefits but of course I can't see how it can compensate for an unknown situation....redundancy. As the civil service scheme is generous I can't really afford to walk away from this.

Does anyone have any advice before I consult a lawyer.

Regards

adeal3

Ask your Union rep.

**northernladuk** · 8 March 2011, 22:26

This sounds like one of those fixed contract things where they can 'employ' you for long periods without having to commit to you permanent and don't have to give you the full benefits of a perm person, not a contract as we know on here. I know Bupa do something like this and keep extending and extending up to a period where they have to take you on as a full time person and do away with the contracts. Sounds like a total scam and cop out on their part. Get you on full timers pay and can just get rid of you at the end of the contract with no further obligations.

From the experience of some friends at Bupa the fact you are getting redundancy etc sounds like a win. The guys at Bupa just had their contracts ended and that was it. I wonder if it is because you have been there 2 years. I can't remember the length of time they can keep doing this. If it is two years maybe that is why you are getting redundancy. There are also some rules about how long you have to be in full time employment to get redundancy and how depends on service so this could also be the differentiator

Are you sure your colleagues are employed in the same way and for exactly the same length of time? Not everone like talking about their rates, contract and benefits so may be a little loose with truth, particularly if they are in a better situation than you.

**Moscow Mule** · 8 March 2011, 23:13

First link on google search terms fixed term contract to permanent appears to be what you want.

**Adeal3** · 9 March 2011, 19:45

Thx for the replies to date but a key question

Thx for the replies to date and I will be speaking to The PCS tomorrow. However, the key issue is can I be an employee and be offered stat redundancy but excluded from the enhanced scheme offered to other fixed termers? As in is there anything anyone is aware of that means I can receive a lesser deal. I can't find anything but suspect I am a rare situation as nothing I can find covers my exact circumstance and I'm pretty sure that so long as I am an employee and have two years service the terms of my contract are not relevant when it comes to redundancy. I do hate in when a situation is not black and white!

Thx in advance for any input. Ade

**Wanderer** · 9 March 2011, 20:57

Originally posted by Adeal3 View Post

can I be an employee and be offered stat redundancy but excluded from the enhanced scheme offered to other fixed termers? As in is there anything anyone is aware of that means I can receive a lesser deal.

They only have to pay statutory redundancy pay.

If other people have a different employment contract which gives them something over and above this then they may get more. Happens all the time, pensions, redundancy, sick pay, holidays etc. There is no law saying that all employees have to have the same employment contract.

Talk to the union rep though, they will be able to understand your specific situation (which we don't have the full details of) and they can advise you if you are getting everything you are entitled to.

**mudskipper** · 10 March 2011, 07:20

All employees don't have to be on the same redundancy deal - it does depend on your contract. Differences often occur when company policy changes, or when companies have taken over other companies.

There's some useful info here: Ending and renewing your fixed-term contract : Directgov - Employment

If you have two years or more continuous service as a fixed-term employee, you have the same redundancy rights as permanent employees.

So you have the same right to redundancy. I would suggest that, if there's no difference in contractual terms - i.e. the perm employees contracts don't mention an enhanced package, then you should get the same. If the contractual terms are different, then you may not, but, if you're the only one in that situation, it's worth talking to HR - it is sometimes possible to negotiate! Talk to ACAS - they are very friendly and helpful and will understand the ins and outs of the legalities.

Good luck.

Fixed term contract and redundancy