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Employment law question

#1
If someone has a long term (years) temporary employment contract then not renewing it is the same as dismissal. Can anyone briefly outline the legal requirements (such as due process in accordance with set procedures, and the case for dismissal being legally sound) that need to be complied with?
 
#2
If you have a years contract with a Company and they decide not to extend it that is not 'dismissal'. It is 'End of Contract'.
 
#4
If someone has a long term (years) temporary employment contract then not renewing it is the same as dismissal. Can anyone briefly outline the legal requirements (such as due process in accordance with set procedures, and the case for dismissal being legally sound) that need to be complied with?
As far as I'm aware after 2 years you get employment rights.
Employers can get round this by having shorter FTC's and having gaps in between them. I'm not sure how long these gaps have to be for them to for them to claim they are separate FTC's.

See your union, CAB, etc etc.
 
#6
If you have a years contract with a Company and they decide not to extend it that is not 'dismissal'. It is 'End of Contract'.
I thought the same thing. However, it is not as black and white and that.
 
#7
I thought the same thing. However, it is not as black and white and that.
Why not? You asked the original Q, now you're disagreeing with the answer: explanation?


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#8
RN Policy Advisor contract on the blink?
 
#9
Fixed term employees: top ten myths expose legal risks for employers

  1. We are not at risk of an unfair dismissal claim if we don't renew a fixed term contract
    Many employers don't appreciate that a failure to renew a fixed-term contract is regarded as a dismissal and therefore a fixed-term employee may be able to claim unfair dismissal if they have the necessary length of service Consequently the importance of following a fair procedure in respect of any non-renewal should not be overlooked. Even if the ACAS Code does not apply an employer will need to follow a fair procedure in such situations.
 
#10
Were you employed directly by the company in question or via an agency? Im not an expert in employment law but I know most companies employ temporary staff through agencies as it cuts out a lot of bullshit. If youre employed via an agency then you work for the agency not their client.

If you were employed directly by the company on a fixed term contract and the contract is allowed to run its course til the end and then not renewed then the company has fulfilled their part of the contract with you and there is nothing to answer.

Talk to an solicitor who deals with employment law. The fees recently brought in for industrial tribunals were as a result of people taking frivolous action (aka chancing their arm because theyd nothing to lose) against former employers. They will be better placed to advise you than arrse.
 
#12
I thought the same thing. However, it is not as black and white and that.
So, this question was posed as one is on a career course i.e. you knew the answer already, just wanted to show the collective 'bright' you are, then?


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#13
No. I honestly though the same as ACAB until recently.
 
#15
If someone has a long term (years) temporary employment contract then not renewing it is the same as dismissal. Can anyone briefly outline the legal requirements (such as due process in accordance with set procedures, and the case for dismissal being legally sound) that need to be complied with?
Someone close me who has been in HR for many years, is a VP HR for a bank and a FCIPD answered when I asked over dinner.

A one year contract still needs the individual to have notice served - technically. When in the UK its a thing that she used to have legally tied up for contractors, they used to diarise the 11 month minus 1 day point of a contract and serve them notice on that day, so that on day 364 they were out of the door. Day 364 and not day 365 because a full year of employment can confer SOME normal employee rights such as unfair dismissal, etc.,

If someone is on a fixed 12 month contract and does not receive notice of termination they can, technically, continue to attend work until they do receive notice. Then they may work and be paid for the notice period or just receive payment and be told to go away. However, its not a good way of getting further contract recomends.

If the contract was arranged through an agency and the company pays the agency who in turn pays the contractor then it may, not does, but only may, offer a degree of separation. For this to work for the company the contract must explicitly state that the agency is simply providing labour for a project or task and that such labour maybe carried out by any suitably qualified agency employee.

Questions and I'll ask her wot must be listened to.
 
#17
It wasn't an answer to the question he asked.



No. Stop being a mong and read the thread.
FTAs aren't long-term, that's the idea of them. They are generally 2 years or less for the reasons stated in the solicitor's quotes. D_D, saviour of the generalisationists!


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#18
OK - if we accept the idea that the non renewal of a temporary contract (a period of several years btw) is the same as dismissal, what legal safeguards does the individual have? Likewise the employer protecting itself from possible litigation?
 
#19
OK - if we accept the idea that the non renewal of a temporary contract (a period of several years btw) is the same as dismissal, what legal safeguards does the individual have? Likewise the employer protecting itself from possible litigation?
Serve notice!?

Edited to add; Rather than just allowing the contract to expire.
 

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