FTC to Perm? External Advertising?

Gamer 69

Clanker
Hi, hoping for some guidance.

I expect a few people will go for it. I'd likely still be the favourite, but clearly she is thinking of me taking on the role.

Ideally I want to just 'slot' in. When I google 'ftc to permanent process', 1st hit is to an Open University pdf, which states FTC's must be slotted in, due to potential legal issues (as otherwise they are affecting breaching contract by dismissal going).

There's a load of conditions there, regarding external funding and secondment, which don't apply to me.

Does anyone have a Scooby's?
 
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They might advertise it for legal reasons, you go for the interview and get the job.
It might depend as an agency job might not be counted as being a member of the full time staff.
So ask if the are advertising it, might go on job.nhs for a statutory period then you get the job?
They have to be seen to be open with jobs for all.
 
Note that agency work is not necessarily a Fixed Term Contract.
If you’re still paid through the agency even with a time limit then that’s not a FTC

Do you have the same terms of employment as other employees, but with a contract end date?

It may be the case that they need to advertise and hold interviews fairly, it can’t be a given that you are the best person for the job just because you had been doing it on an agency basis, and potentially on a fixed term basis. You also don’t know who is going to turn up attracted to the job on a permanent basis - and if they need to advertise then it is a bad idea for them to practially promise the job to you
 

Gamer 69

Clanker
1st contract was agency work.
2nd (current) contract is a FTC.

I've since had a look at ET decision on Royal Surrey County NHS Foundation Trust v. Drzymala, which relates largely to legislation in Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. The ET found a dismissal unfair as there was a permanent job they could have gone into.

There's also noticeable guidance from the Open University about ensuring FTC are put into permanent roles, if the work carried out is needed on an indefinite basis. Their exact wording is 'It is not permissible to re-advertise the role as permanent or to wait until the end of the post-holder’s fixed term contract and then advertise. This is a potential breach of employment legislation and will not be permitted.'

http://www.open.ac.uk/foi/main/sites/www.open.ac.uk.foi.main/files/files/ecms/human-resources/f/fixed-term-contracts/Procedure-for-Converting-Fixed-Term-Appointments-to-Permanent-HRG043.pdf

I appreciate the advice above, whilst incorrect, was offered in good faith. I know we have HR types, Legal types and experienced managers in arrse, who I had hoped would be able to give me an idea. I've quoted the above links, just in case anyone else has a similar question.
 
With you being on a proper FTC then you should get the same terms as anyone else, so no fears of external advertising
If it’s your role that’s becoming permanent then you ought to slot in - unless there are others in similar enough roles (and as such I would think should only be a limited completion of them in a similar position - not just an advert they can apply for ... in the MoD that would have been part of a change review and initially limited to those affected)

I don’t think you need to rely on the first example with case law unless you’re fixed term role would come to an end and the ‘new’ role is a similar job (or suitable job) that you could have rather than being booted
 

Gamer 69

Clanker
With you being on a proper FTC then you should get the same terms as anyone else, so no fears of external advertising
If it’s your role that’s becoming permanent then you ought to slot in - unless there are others in similar enough roles (and as such I would think should only be a limited completion of them in a similar position - not just an advert they can apply for ... in the MoD that would have been part of a change review and initially limited to those affected)

I don’t think you need to rely on the first example with case law unless you’re fixed term role would come to an end and the ‘new’ role is a similar job (or suitable job) that you could have rather than being booted
Thanks Tommikka. Fingers crossed and I appreciate my post was originally unclear.
 
Thanks Tommikka. Fingers crossed and I appreciate my post was originally unclear.
I am out of of touch on the latest.... it’s been years since I’ve been on the managers end of a review, and that’s in the Civil Service so the real world differs - but things look right for your take on it
 

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