06 May 2018

A question about : when does a temporary contract have to become permanent

I work in F.E and have been employed on fixed term contracts for the last four years. I've been told that those employed on short-term contracts can only be employed under such a contract for a maximum of (depending who you talk to ) 2/3/4years and then your employer is obliged to offer you a permanent contract.The hours and days I worked have varied from year to year but have only increased and not decreased. Can anybody tell me if I am entitled to a permsnent contract and if I am who I raise it with?

Best answers:

  • Hi Misty
    I'll be in the same position as you (albeit in a few years) so I'm eagerly awaiting a reply from someone who knows more about this than me! I've never heard of any legislation like this.
  • Here's the legislation https://www.opsi.gov.uk/si/si2002/20022034.htm#8. I only skimmed through but it does seem that you are deemed a permanent employee after four years.
  • Thanks for that - I had found something similar but it's such a complicated doc with exceptions and clauses that I'm not entirely sure what it means. The legislation was introduced in 2002 and in one part the doc says
    (4) For the purposes of this regulation Chapter 1 of Part 14 of the 1996 Act shall apply in determining whether an employee has been continuously employed, and any period of continuous employment falling before the 10th July 2002 shall be disregarded.
    Which I take to mean - they can't keep giving you fixed term contracts for more than four year BUT the four years only starts to count from 11th July 2002. So for me my four years won't be up until Sept 2006. Am I reading this right or is there another interpretation?
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