Fixed Term Contract Issues
Discussion
I was wondering if any of you employment peeps can assist with a feed term contract issue that a friend is having.
She works for a housing association that used to be a part of the local govt, but is now limited, and was prior to her joining. Her role is part time, 22hrs a week, taking emergency calls from elderly and vulnerable people. Its a private company but effectively public sector mentality.
She did 3 months as a temp via a recruitment agency, and then was offered a fixed term contract lasting 11 months. She accepted, she received a confirmation of contract letter, but they never asked her to sign a contract.
This contract expired on 5/3/12, but she had forgotten about it until her manager called her in today and told her;
1. her contract had expired on 5/3, and the roll will soon no longer exist as it will be readvertised on a different pay grade.
2. they aren't sure when they want her to finish work, but there is another 22 hour role coming available, which is a mix of her current role, plus responding on site to assist fallen old people etc. But it is on 22 hrs pw on shift and a further 8 hours on call after the shift has ended.
3. Even given point 2 they are readvertising the role on a different pay grade, but want her to apply for the mixed roll
What we would like to know is:
1. has she worked for them for 14 months or 11 (there was no break between the contracts)?
2. Given the contract end date has passed can she just stop working there?
3. Can they force her to take the new role, even though part of the job will be manual labour, and placing her in vunerable situations, when she just wants to do office work
She works for a housing association that used to be a part of the local govt, but is now limited, and was prior to her joining. Her role is part time, 22hrs a week, taking emergency calls from elderly and vulnerable people. Its a private company but effectively public sector mentality.
She did 3 months as a temp via a recruitment agency, and then was offered a fixed term contract lasting 11 months. She accepted, she received a confirmation of contract letter, but they never asked her to sign a contract.
This contract expired on 5/3/12, but she had forgotten about it until her manager called her in today and told her;
1. her contract had expired on 5/3, and the roll will soon no longer exist as it will be readvertised on a different pay grade.
2. they aren't sure when they want her to finish work, but there is another 22 hour role coming available, which is a mix of her current role, plus responding on site to assist fallen old people etc. But it is on 22 hrs pw on shift and a further 8 hours on call after the shift has ended.
3. Even given point 2 they are readvertising the role on a different pay grade, but want her to apply for the mixed roll
What we would like to know is:
1. has she worked for them for 14 months or 11 (there was no break between the contracts)?
2. Given the contract end date has passed can she just stop working there?
3. Can they force her to take the new role, even though part of the job will be manual labour, and placing her in vunerable situations, when she just wants to do office work
insurance_jon said:
1. has she worked for them for 14 months or 11 (there was no break between the contracts)?
2. Given the contract end date has passed can she just stop working there?
3. Can they force her to take the new role, even though part of the job will be manual labour, and placing her in vunerable situations, when she just wants to do office work
1. 11 months. For her first 3 months she was employed by the Agency, not the HA2. Given the contract end date has passed can she just stop working there?
3. Can they force her to take the new role, even though part of the job will be manual labour, and placing her in vunerable situations, when she just wants to do office work
2. Yes
3. They can't force her to do anything
Public Sector normally try to redeploy people if their perm role is coming to an end. Its up to her to decide whether to take it or not.With regards to the pay has the LA been through any kind of pay & grading exercise?Just to add/clarify - although they can't force her to take the new job that WILL mean that she will no longer have a job (she will effectively be redundant unfortunately)
My "pay and grading" question was to see whether the pay for the new job had been fairly and impartially calculated. However because they ae not FULL Public Sector I don't think theyre obliged to carry out a P&G exercise.
My "pay and grading" question was to see whether the pay for the new job had been fairly and impartially calculated. However because they ae not FULL Public Sector I don't think theyre obliged to carry out a P&G exercise.
Yes I understood that she would be effectively redundant.
Whilst the company are not official public sector, they have infuriating habits of:
1. having meetings for meetings sake
2. waste epic amounts of money
3. keep getting rid of staff, then realising they needed them still
4. unable to make decisions
5. have rules which encourage no free thought or common sense.
The annoying thing is she is very happy working there, and they are amazingly short staffed, which results in her actually working around 35 hrs a week with overtime. But it turns out there is a policy to change every fixed term contract at renewal, and both advertise and get the encumbant to reapply i.e role, pay, hours
Whilst the company are not official public sector, they have infuriating habits of:
1. having meetings for meetings sake
2. waste epic amounts of money
3. keep getting rid of staff, then realising they needed them still
4. unable to make decisions
5. have rules which encourage no free thought or common sense.
The annoying thing is she is very happy working there, and they are amazingly short staffed, which results in her actually working around 35 hrs a week with overtime. But it turns out there is a policy to change every fixed term contract at renewal, and both advertise and get the encumbant to reapply i.e role, pay, hours
insurance_jon said:
Yes I understood that she would be effectively redundant.
Whilst the company are not official public sector, they have infuriating habits of:
1. having meetings for meetings sake
2. waste epic amounts of money
3. keep getting rid of staff, then realising they needed them still
4. unable to make decisions
5. have rules which encourage no free thought or common sense.
The annoying thing is she is very happy working there, and they are amazingly short staffed, which results in her actually working around 35 hrs a week with overtime. But it turns out there is a policy to change every fixed term contract at renewal, and both advertise and get the encumbant to reapply i.e role, pay, hours
I completely disagree.Whilst the company are not official public sector, they have infuriating habits of:
1. having meetings for meetings sake
2. waste epic amounts of money
3. keep getting rid of staff, then realising they needed them still
4. unable to make decisions
5. have rules which encourage no free thought or common sense.
The annoying thing is she is very happy working there, and they are amazingly short staffed, which results in her actually working around 35 hrs a week with overtime. But it turns out there is a policy to change every fixed term contract at renewal, and both advertise and get the encumbant to reapply i.e role, pay, hours
The money wasted is not "Epic". "Disappointing" I'll accept. "Substantial" or "significant" ? Well, maybe. But definitely not epic.
ps - her employers haven't got a glowing record when it comes to HR
http://www.dailymail.co.uk/news/article-1379410/Ch...
http://www.dailymail.co.uk/news/article-1379410/Ch...
insurance_jon said:
ps - her employers haven't got a glowing record when it comes to HR
http://www.dailymail.co.uk/news/article-1379410/Ch...
Ah yes http://www.dailymail.co.uk/news/article-1379410/Ch...
A diversity manager attempting to justify their £35k salary and nobody in HR or senior management brave enough to apply the common sense litmus test.
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