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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38535
Experience:  Expert in UK Employment Law
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I am currently on an extension to my 2 year fixed term contract

Customer Question

I am currently on an extension to my 2 year fixed term contract (April 2009) which is now due expire 31st December 2011. I was given the extension to provide temporary cover until a new person was reqruited to replace me. In august 2011 I recieved a letter informing me of the new post and was informed that I was able to apply.
On 15th September I (day before the advertisement was released) I was informed that I was no longer eligable to apply as they have changed the Pers Specification to read teaching degree is essential from desirable.

What rights do I have?

Many thanks
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello and thank you for your question, which I will gladly help with. Please let me know if the job has been given to someone else now?
Customer: replied 2 years ago.
No the closing date was Thursday 29th September with interviews taking place 9th October
Expert:  Ben Jones replied 2 years ago.
so is your contract going to be terminated?
Customer: replied 2 years ago.

Yes, they have changed the Job Description and Job Specification which have both been developed from my current position. In fact I am carrying out all the duties laid out in the new job description but due to not having a teaching degree I am now unable to apply.

Permanent staff were intervied (in which I was not invited to apply as they said it was for staff who where on the redundancy list and they had to reduce numbers and staffing coast) in June of this year, but no one was suitable for the position in our area, so they have now changed job spec and advertised externally.

Expert:  Ben Jones replied 2 years ago.

How crucial is the degree – what is the justification behind that?

Customer: replied 2 years ago.
sorry reply was send before I finnished
Expert:  Ben Jones replied 2 years ago.

How crucial is the degree – what is the justification behind that?

Customer: replied 2 years ago.

I do not see the Teaching Degree as crucial as I have been doing majority of this work that has evolved in the New Job Description for over the past 30 Months. I am trained in all aspects of the Data software, conduct ALL the duties listed in the new Job Description, and the only reason I am now unable to apply is that they have changed the Job Specification from Qualified Teaching Status from ‘Desirable' to ‘Essential' the remainder of the Job Specification is the same as when I was employed in April 2009. This was changed after 8th August 2011.

Quote from letter:

‘It has been decided that the new role can best be fulfilled by individuals with a background in teaching'

There are NO teaching requirements in this position as it is now mainly office based inputting / collecting and analysing Data.

This year alone I have received Outstanding CPD reports, an Outstanding Ofsted report and been highly recognised and praised by the Chief Executive for the development of the project in which they have now secured funding for 3 permanent positions in various areas.

Expert:  Ben Jones replied 2 years ago.
There are two key points here – firstly you have the right to be treated the same as permanent employees and you should not be treated less favourably than permanent staff. So permanent staff should not be given preference to you when applying for the job or be considered for it. Secondly, the termination of a fixed term contract is classified as a dismissal in law and your employer will need to put forward a potentially fair reason for your dismissal, such as redundancy, etc.

If there is no clear necessity for the requirement of a teaching degree and you are dismissed as a result, you can challenge the employer’s decision and ask for justification of how this is relevant when the job requires no teaching aspects and has been done satisfactorily by a non-teacher qualified person over the last 3 years.

This is something that can be challenged formally with your employer first and if they refuse to resolve this and your contract is terminated – by making a claim in an employment tribunal.

Please press Accept and I can expand my answer and provide more detailed advice and guidance as required. I will also answer any specific questions you may have. Thank you
Ben Jones, Solicitor
Satisfied Customers: 38535
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Ben, Thanks for your help, are you available online tomorrow to answer any other questions?

Regards,

Shaun

 

 

Expert:  Ben Jones replied 2 years ago.
Yes I will be, just get back to me whenever needed

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