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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5438
Experience:  10 Years of experience in Employment Law and HR
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Hello, I have had 4 continuous fixed term contracts during the last year, and my curren

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Hello,

I have had 4 continuous fixed term contracts during the last year, and my current is about to end soon. My manager has told me several times during the last few months that they wants to make me permanent member of staff. In May they sent me an email saying they put a request to make me permanent and they need to get it officially approved. “This is just a paper, rubber stamping exercise, I can’t see there being any issues with this”.

The position has now been created approved but my manager has decided to advertise the position without telling me why, or even if they want me to remain, and they refuse to speak about this.

I think what they had told me in the past pretty much a job offer. But know it seems that they have lied and mislead for the last several months.

I know this is a brief summary of the situation but can someone please advise me on my rights (if any) and how I should handle the situation.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, have you asked why they have advertised the job when they said it was yours and have you missed out on other opportunities as a result?
Customer: replied 1 year ago.

Hi, Yes I have asked and was told they wanted to see other candidates. In December I turned down an interview with the same employer as my manager wanted me to stay in there team.


 

Expert:  Jenny McKenzie replied 1 year ago.
what was your start date for the employer?
Customer: replied 1 year ago.

Do you mean my start date? 18th June 2012, so just over a year.


 

Expert:  Jenny McKenzie replied 1 year ago.
Ok thank you, XXXXX XXXXX do not have adequate service to bring an unfair dismissal claim at the point that the contract ends. Employees engaged after 6 April 2012 must have 2 years service not one to bring a claim. This means that your employment rights are limited.

Your employer can therefore do this but it is very unfair. I would suggest you submit a grievance to say it amounts to a breach of contract. You should state that you were offered the permanent role and in consideration of that you failed to apply for other roles and will suffer a loss as a result. It is a long shot but they may then reconsider the decision to advertise the role.

If they do not then you could, in theory, bring a claim for lost earnings but in reality given the fact you have not been there for 2 years and they can dismiss for any reason, except for discrimination on the grounds of sex, race, religion, pregnancy, disability or sexual orientation you would probably not get anywhere with that kind of claim.

If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Customer: replied 1 year ago.

Thank you for you advice so far, can I ask one more question, what would be the breach of contract for?


 

Expert:  Jenny McKenzie replied 1 year ago.
technically a contract occurs where an offer is made which is accepted and in consideration of that offer a person does something.

In your case you were told that the job would be permanent and as a result of that you did not apply for other work in the organisation.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would give a positive rating. Many thanks.
Jenny McKenzie,
Satisfied Customers: 5438
Experience: 10 Years of experience in Employment Law and HR
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