Contract/employment law

[Deleted member 18121]

Hi all

2 years ago my wife was taken on as maternity cover for a full academic year of teaching.

At the end of that time she was told that she was needed to stay on for a further year and it would be on a permanent basis. She was not physically given a new contract despite asking for it throughout the year but did get all the usual benefits as well as a pay rise.

Now she's been asked to stay again for the forthcoming year and has been assured that she'll get a contract, but her HR department seems to think she is still on a "temporary/fixed term" contract but they really aren't sure (pee up in a brewery springs to mind).

The original contract is specific with dates and the fixed element of it being explicit. But what now, do you think the last year would also be on a fixed term despite being verbally told it was permanent? My gut instinct is that the school don't have a leg to stand on and she should be on a permanent contract for the future.... Anyone have any experience?

Next stop is citizens advice I think depending on the outcome with the school, I just want to be prepared.

Cheers all

Adam

 

[Hobbit]

See a solicitor that specialises in employment law. Things may have changed but because she’s had the discussions and has had benefits added it is covered by the inference of a permanent contract, Think the legal term is an inferred contract. If she has an email conversation, or even one email it would add further weight.

Also, and again you’d need to check the detail, once she’s temporary for 2 years she has to be offered a permanent contract... the mat contract might skew the timings but....

Good luck.

 

[Fish]

I was always informed by my legal team that I had to give my new employees a contract of employment or at the very least, a written statement of particulars after 1 month unless I was extending their trial (induction) period, which again I was advised to put in writing so it removed the expectancy.

If she has any correspondence stating that they want to her now become full time then they legally have to supply her a contract in writing and I would be copying this to her HR department and informing them of their legal responsibilities!

https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

 

[Deleted member 18121]

cheers guys

 

[backwoodsman]

Get some expert advice - but my understanding is that someone who has been employed on a succesion of fixed term contracts is entitled to the same conditions, benefits & rights as someone on a permanent basis - including redundancy payments. Brought in a few years ago, for the very reason of reducing an employers ability to use "rolling" fixed term contracts to get round certain aspects of employment .