Contract renewal by email

**pmeswani** · 3 July 2009, 15:30

Originally posted by jim22 View Post

Hi all,
I have an urgent query and thought someone here may be able to offer advice.
It's a bit of a long story, I'll try to keep it concise:

My girlfriend (Taiwanese national) was made redundant in feb from a large UK architecture firm. She decided to work her redundancy in order to be able to remain in the UK. The redundancy officially ends today and she'd planned to return to Taiwan on the 7th July to take a job offer there.

However, yesterday she received an email saying that they'd like her to return on her original contract. Sounds great, except that we were a little suspicious that they were merely fulfilling a legal requirement in order to begin recruiting again and that they may let her go at the end of the contract (mid Aug). If they did that she would have lost the offer in Taiwan and would have to leave anyway.

After badgering the HR dept they gave us the following confirmation:

"Further to our conversation, just to confirm that we will issue you with a permanent contract once your current fixed term contract expires.

Please confirm how you wish to proceed."

So my questions are:
-Is it likely this is a legal requirement that they are fulfilling?
-Does this email confirmation of an extension of contract carry any legal weight? We are suspicious because this company has a history of taking advantage of it's staff.

All pretty urgent as she's due to either fly home or begin work on tuesday!

Thanks very much in advance
Jim

Personally speaking, I don't believe it carries any legal weighting. The only reason why I say that is if the company goes bust, are they legally obliged to offer her a job?

**Fred Bloggs** · 3 July 2009, 15:50

I'd jack it in and go with her to Taiwan. I like it there.

**EddieNambulous** · 3 July 2009, 20:37

Personally, I would be a bit wary until they produce something signed and on official company letter-headed paper...even if only a faxed copy initially.

I'm sure if they are being genuine, they would understand your point of view and have no objection.

**Beefy198** · 4 July 2009, 00:27

Why not put her on a permanent contract from day one then?

**Ardesco** · 4 July 2009, 02:18

Easy to get rid of somebody on a 1 year fixed term contract, not so easy to get rid of permie on a permanent contract.

She may have been covering maternity for 1 year and they liked her work so found a new role for her.

**Beefy198** · 4 July 2009, 11:35

But my point is, if that's the case why not just offer her that permanent contract now? Why wait until the end of the fixed term contract?

**SueEllen** · 5 July 2009, 15:43

Probably visa problems.

If your employed as an employee on a one year fixed contract if there is a job available after your contract ends, and they don't want to employ you they have to wait 3 months before they can employ someone else.

Also permanent employees particularly in SMEs don't have much protection over redundancy after one year's service. You are not eligible for redundancy pay until you have worked there for 2 years, and as it's not a large firm where you have lots of people doing the same job with the same job title they can easily say your role has disappeared due to budgetary cuts.

Personally I would go back to Taiwan. Much better living standards.

Contract renewal by email