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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38350
Experience:  Expert in UK Employment Law
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Hi there, I have been employed by a public sector body in

Resolved Question:

Hi there,
I have been employed by a public sector body in 2006 on a temporary contract as a Clerical Assistant. I then went for a promotion to cover Maternity Leave to the role of Admin Officer (which is a substantive post in the organisation), during the Maternity Leave the original post holder resigned from the service. I am currently still in the Admin Officer Post which has now been 5 years with extension letters being issued every 6 months or so. The extension letters say it is due to an ongoing admin review in the service or due to a reform of public sector services, the reason has changed a few times. For info - I was subsequently made substantive in the clerical assistant post in 2010.

My question is - under the Fixed Term Regs, does the employer now have to give me a substantive contract in the Admn Officer post becasuse I have been in post for over 4 years? I know I have a substantive post in the service but surely the Fixed Term Regs still apply otherwise it would favour Temporary Staff over Substantive Staff on a temp promotion.

Any advice greatly received.
Submitted: 11 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 11 months ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have the contracts you have been employed under actually been for a fixed term?
Customer:

Hi Ben. The contracts say (for instance) from 1st Jan until 31st July at which point it will be reviewed.

Ben Jones :

Under regulation 8 of the Fixed-term Employees Regulations, employees who have been continuously employed for 4 years or more on a series of successive fixed-term contracts are automatically deemed to be permanent employees (which means employed on an indefinite contract) unless the continued use of a fixed-term contract can be objectively justified.


 


So assuming you have satisfied the requirement of being employed under successive fixed term contracts, your employment would be deemed permanent. However, please note that the only thing that would be removed would be the limitation of the contract to terminate on a specific date - all other terms remain the same. So it would not automatically give you rights to a specific job, especially if that was only to be a temporary measure.

Customer:

That makes sense. Thanks Ben.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you and all the best

Ben Jones, Solicitor
Satisfied Customers: 38350
Experience: Expert in UK Employment Law
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