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Moving from permanent to fixed-term contract

Moving from permanent to fixed-term contract

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I have been working for my current employer for 10 years.  I recently applied for a position which will allow me to progress but is only for 2 years fixed term.  My manager will not allow me to do this on secondment therefore I will need to resign my current permanent post for this position even though they will replace my position.  what rights will I have with my employer at the end of 2 years fixed term will I receive redundancy pay etc. please help 

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Sandra Beale, HR consultant
By sbeale
04th Feb 2015 12:18

I would challenge your employer on this.  You should not have to sign away your substantial employment rights.  Potentially this is unfair dismissal. 

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By heathbuck
05th Feb 2015 16:36

Once you have been at an employer 4yrs, Fixed Term Contracts do not matter, you have the same rights as anyone else. If you apply for a 2yr role they have only a few options:

1. Decline you for the role. They could justify this on the basis you're permanent and they want a FTC.

2. Accept you to the role. At the end of the role they would have to manage you as per someone with 12yrs service. Because you optionally moved to the role it is likely they could justify a redundancy and justify not using a selection pool (there is an argument that you have opted into a selection pool by taking the role). The law on redundancy etc... is grey and there can be many variables. What is clear is that you have the rights of someone with the accumulated service (e.g. you cannot sign away your statutory rights).

That's the legal bit, but the better approach is to suggest to your manager that it should make no difference to them if they fill this role for 2yrs, or find a backfill for your role for 2yrs. Of course if they are discouraging your application, it might be that they are trying to politely suggest you're not suitable for the job (few companies hold back suitable candidates). To test if they don't think you're suitable, appear approachable and open to feedback.

I hope the above helps.

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