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UKSolicitorJA, Solicitor
Category: UK Employment Law
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Experience:  solicitor
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I have a question regarding fixed term contracts. I was given

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I have a question regarding fixed term contracts. I was given a fixed term contract on July 1st 2009 and which expired in may 2010 with a local authority. I have continued to work and recieve pay for the job role I've carried out till today's date (18/12/12). There has been multiple job evaluations in this time however my role, duties and pay have remained constant. This contract would/has become an indefinite one would it not? The local authority offered me a permanent contract in summer 2012 on different pay terms (for the below stated reason) to eradicate a development scheme that was written into the terms of contract of the original fixed term contract. I refused to sign the 'amended' permenant contract on the grounds of my fixed term has become indefinite (so why would I need to) and that the permanent contract was only offered to remove the career development scheme. I am currently in on going internal dispute with managememt for failing to pay me on the development scheme incremants. Can you advise on my legal position and any points of law would be appreciated.

There is an implied agreement that your initial contract has been extended as you have continued working beyond the initial fixed term.

However, you have not yet worked for 4 years and are therefore not deemed to be indefinitely employed as yet-this will happen on 1st July 2013.

You should try and negotiate with your employer and reach an amicable settlement to the issue so that you continue working until you reach the 4 year mark when you will be deemed to be in an indefinite contract.

Hope this helps
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