Contract v fixed term

[SueEllen]

Not so, if a fixed term employment contract means the period of continuous employment goes beyond two years, then the employee is entitled to redundancy pay upon expiry of the FT contract if it is not renewed, just like a 'normal' employment contract.

(I know this, because SWMBO had a series of FTE contracts which took her beyond two years, then her employer made her redundant - i.e. did not extend her FTE. (Whilst she was on maternity leave, and because she was on maternity leave).

She was entitled to redundancy pay, as well as compensation for unfair dismissal.

Your OH's case was one of sex discrimination which is slightly different to other people who are on fixed term contracts and dumped "just because".

[malvolio]

Errrrm, I know exactly what an FTC is

So do I. Heigh ho... And yes, I understand the bit about redundancy as well, but AIUI only if your employer misses the deadline of the original FTC and so you default to being an FTE

If you read the OPs post it's quite clear, he realises he will lose the expenses and wishes to try and factor those into his calculation

Yes, he does, but then goes on to talk about contracts with his company and IR35. I suspect his understanding of FTCs does not match our own.

[LondonManc]

So do I. Heigh ho... And yes, I understand the bit about redundancy as well, but AIUI only if your employer misses the deadline of the original FTC and so you default to being an FTE



Yes, he does, but then goes on to talk about contracts with his company and IR35. I suspect his understanding of FTCs does not match our own.

Probably the case, either that or the person discussing it with him at client didn't mean to call it what he called it?

[Mordac]

Not so, if a fixed term employment contract means the period of continuous employment goes beyond two years, then the employee is entitled to redundancy pay upon expiry of the FT contract if it is not renewed, just like a 'normal' employment contract.

(I know this, because SWMBO had a series of FTE contracts which took her beyond two years, then her employer made her redundant - i.e. did not extend her FTE. (Whilst she was on maternity leave, and because she was on maternity leave).

She was entitled to redundancy pay, as well as compensation for unfair dismissal.

Precisely why no FTC's go beyond 2 years. The answer is the same as the answer to any other question: Are you going to be better off? If yes, take it. If not, politely decline.

[scooterscot]

The other thing to consider is that you can no longer claim expenses because the contract is expected to go over two years.

Seriously? I've had the same client for more than two years here in the fatherland, no mention of no claiming further expenses.

[northernladuk]

Yep, something to confirm upfront, as that will influence salary/rate expectations. FTC traditionally means employment, not inside IR35, and that's almost certainly what the client means. Incidentally, interesting article on CUK today about moving from contract to PAYE w/r to risk of IR35 investigation...

Is that the BBC one that then links the general Public Sector one? I don't think this is relevant to this situation. That is unless his client is a PS organisation which the OP doesn't mention. The fact he mentions placing an order on his company which they can't unless it's through GCloud I am assuming its not a PS gig.

If it's not then I can't see why this shouldn't fall under the same rules and Friday to Monday contracting. The role is obviously a permie one because they want him as a permie so is the OP prepared to re-account for the whole gig and pay his tax back as if he was always inside IR35? Looking at the role and where it is going it's not a contract role so should be inside from day one.

Either that or he's taken out IR35 insurance before he started and is going to rely on that and start praying to whatever god he has.

[SueEllen]

Seriously? I've had the same client for more than two years here in the fatherland, no mention of no claiming further expenses.

UK tax law is different.

In the UK once you have been at the same location for two years or have found you are likely to be it ceases to be a temp workplace.

[SueEllen]

Is that the BBC one that then links the general Public Sector one? I don't think this is relevant to this situation. That is unless his client is a PS organisation which the OP doesn't mention. The fact he mentions placing an order on his company which they can't unless it's through GCloud I am assuming its not a PS gig.

If it's not then I can't see why this shouldn't fall under the same rules and Friday to Monday contracting. The role is obviously a permie one because they want him as a permie so is the OP prepared to re-account for the whole gig and pay his tax back as if he was always inside IR35? Looking at the role and where it is going it's not a contract role so should be inside from day one.

Either that or he's taken out IR35 insurance before he started and is going to rely on that and start praying to whatever god he has.

Or the OP can be smart and ensure the client tweaks the job title and description so it's not the same. So while he may be investigated he can prove the roles aren't the same

[malvolio]

Or the OP can be smart and ensure the client tweaks the job title and description so it's not the same. So while he may be investigated he can prove the roles aren't the same

Yeah that'll work...

[northernladuk]

Yeah that'll work...

This. One conversation with the client and it will all be revealed.