Am I being unfairly dismissed?

[Mintyhit]

Here is the background and I’ll try and keep this as brief as possible.

I currently work for a government regulation body. I’ve worked here for 2 years and 7 months, 10 of these months I spent working as contractor though an agency and the rest (1 year 9 months to date) I’ve spent working as a fixed term employee directly for the company. My job title (as stated on my original contract) and pay grade is the same as that of at least 6 other employees in my department, we all do very similar tasks. My contract has always had an end date but it has been extended no less that 8 times for a few months at a time due to the "work I am doing still continuing".

Now I have been verbally informed that my contract will not be extended beyond the end of October – hence the dismissal. I’ve been told the reason for this is a policy of not employing fixed term contractors for more than 2 years – it doesn’t take a leap of the imagination to know that this is because those employed for longer than 2 years gain rights to redundancy pay if dismissed.

Now they are have just started (without even telling me) internally advertising my current role and exact responsibilities for a further 6 month temporary contract beginning at the end of October. I have been informed in writing that I am not eligible to apply for any internally advertised role as I did not acquire my post through fair and open competition. I can only apply for external vacancies - I’ve been told this a number of times when wanting to apply for a permanent post here.

Does this seem to anyone to be a case of unfair dismissal? I have the same right to work as everyone else yet I am being selected for dismissal due to being a fixed term employee. The work I am doing is still continuing so redundancy of my post cannot be a reason for dismissal and I am not sure they can legally say that a 2 year maximum policy of fixed term employees is a reason for fair dismissal - not based on the Prevention of Less Favourable Treatment Regulations 2002.

Now I have little to no understanding of employment law other that when I have read on the internet and I can't afford a barrister so is anyone here studying\practicing employment law that might be able to give me some help?

I really feel like I am being diddled here – I like my job and want to keep working but I am basically being dismissed just to avoid the company having to pay any redundancy should my post become redundant in the next year. After almost 3 years hard work should I not deserve a bit of severance if they axe me?

If anyone can offer any advice on the subject I would be eternally grateful.

[Mintyhit]

I am paid in an identical way to all other permanent employees. I also am paid according to a pay grade scale so no, I do not get paid anymore than any other comparable permanent employee of the same grade/job title.

I’ve joined the PCS and I am waiting for my membership to come through – they do have a legal advice line so I will give that a try as well.

I have hung on this long, I was still hoping to find a way to get a permanent post but there is too much red tape. It’s pretty stressful being constantly on the edge of losing your job.

[Mintyhit]

Being a fixed term employee isn’t the quite same as being an agency temp – you have and you have the right to be treated fairly and (after a year) the right not to be unfairly dismissed - see the Prevention of Less Favourable Treatment Regulations 2002.

Usually a fixed term contract ends when the work is completed or the post is redundant - Employers actually do need a reason for dismissal otherwise people could get the sack for any old bigoted reason. In my case there does not seem to be a clear cut reason for dismissal other then saying two years is the maximum – which it actually isn’t as temporary appointments can be extended further than this with approval from a commission.

Anyone that thinks I am out to grab some parting money or compensation is missing the point – I want to keep my job, I like what I do and I am very good at it. Wouldn’t you feel slightly upset being forced out of your job for no reason other then limiting your potential rights to redundancy?

There is absolutely no reason to get rid of me other than HR red tape. Every appraisal I’ve had has been overwhelmingly positive - I have received numerous recognition awards for performance and my sickness record is exemplary. I resent any implication that it is because “they just want to get rid of me”.

Edited by Mintyhit on Wednesday 24th August 14:00