Fixed term contract (It is not)
Discussion
Right I need some help on how to handle the situation?
Negotiation though a recruitment agency and the new boss established a fixed term contract and a bonus scheme. I now have the contract and it is stating an end date but not a fixed term. It is also 6 months probation with a week notice and 1 months notice thereafter.
As the contract is to replace maternity leave the person could come back at any time.
Is this as good as it gets? To my logical brain this is not fixed term and I will be let go if she returns early. How do I ask for the wording to be changed and how do I cover myself to get the full year even if the person comes back early?
All help here very gratefully received, as this is not the situation I was wanting or negotiated.
Negotiation though a recruitment agency and the new boss established a fixed term contract and a bonus scheme. I now have the contract and it is stating an end date but not a fixed term. It is also 6 months probation with a week notice and 1 months notice thereafter.
As the contract is to replace maternity leave the person could come back at any time.
Is this as good as it gets? To my logical brain this is not fixed term and I will be let go if she returns early. How do I ask for the wording to be changed and how do I cover myself to get the full year even if the person comes back early?
All help here very gratefully received, as this is not the situation I was wanting or negotiated.
gov.uk says...
Employees are on a fixed-term contract if both of the following apply:
they have an employment contract with the organisation they work for
their contract ends on a particular date, or on completion of a specific task, eg a project
If you want them to guarantee work for the full term, I reckon you'll be out of luck. The initial period of week's notice is the legal minimum; they don't have to give you the month's notice.
Personally, I don't see the attraction of fixed term. Seems like the worst of both worlds (contracting and permydom).
Employees are on a fixed-term contract if both of the following apply:
they have an employment contract with the organisation they work for
their contract ends on a particular date, or on completion of a specific task, eg a project
If you want them to guarantee work for the full term, I reckon you'll be out of luck. The initial period of week's notice is the legal minimum; they don't have to give you the month's notice.
Personally, I don't see the attraction of fixed term. Seems like the worst of both worlds (contracting and permydom).
I'd say the chances of you getting a 'guaranteed' fixed term with no option for the employer to terminate early is nil in my view. No company is going risk taking a new person on without the option to terminate at any point (with the appropriate notice period) -for all they know you could turn out to be a total liability/homicidal maniac/MU supporter 
etc, or the company could lose a major contract and need to cut back on staff generally. As such they will always want to have a termination option in which case the law says they have to give you a minimum of a weeks' notice. However, remember this works both ways -you can also terminate on a weeks notice if they jerk you about or better still if you get offered a 'perm' job. So, my advice would be take the job -its money coming in and adds experience to your CV, but discretely keep your eye on the jobs market and if something better (ie more pay, longer term/permanent/etc) comes along give the current company a weeks notice and leave.
etc, or the company could lose a major contract and need to cut back on staff generally. As such they will always want to have a termination option in which case the law says they have to give you a minimum of a weeks' notice. However, remember this works both ways -you can also terminate on a weeks notice if they jerk you about or better still if you get offered a 'perm' job. So, my advice would be take the job -its money coming in and adds experience to your CV, but discretely keep your eye on the jobs market and if something better (ie more pay, longer term/permanent/etc) comes along give the current company a weeks notice and leave. With my misery head on, you can be got rid of as a contractor effectively with immediate effect. There may well be a week's notice (or whatever period) in the contract but the client isn't obliged to offer you any work to do (and from the other side, you don't have to accept work offered) and no work = no pay. It's one of the risks contractors take. You should also be aware of any 'furloughs' the client might instigate - basically, enforced time off. What I'm saying is, don't rely on everything being rosey, know the risks and protect yourself.
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