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Please play nicely.  No one wants to listen/read a keyboard warriors rants....

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Author Topic: contract question.....  (Read 739 times)

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bertiecbx550

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contract question.....
« on: 07 December 2010, 18:55:00 »

i work at a toy store at the mo doing retail security... Now i`ve been hearing rumblings from the store staff as they where on temp contracts that the company have forgotten to renew apparantly.....So a couple of em have found out  that if they did not renew there temp contracts then they automatically put onto permanant contracts as its written in UK employment law.....so what has the company done??? issue new temp contracts and told the 17 to 20 yr olds that if they dont sign by friday then they are fired!!!! Now its got nowt to do with me as i dont work for Smyths toy stores but i do sympathise with these kids as thats all they are as its their first job outa school.....  ::) ::)
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Dishevelled Den

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Re: contract question.....
« Reply #1 on: 07 December 2010, 19:22:12 »

I'm not sure of the relevant legislation Bertie but if I were to be one of those concerned I'd be down to the nearest Citizens Advice Bureau as soon as possible.
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Taxi_Driver

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Re: contract question.....
« Reply #2 on: 07 December 2010, 19:28:19 »

Quote
I'm not sure of the relevant legislation Bertie but if I were to be one of those concerned I'd be down to the nearest Citizens Advice Bureau as soon as possible.

Not as easy as you may think Zulu....
The CAB in Swindon has queues forming...an hour usually before opening....and i've heard they don't answer the phones because they are so busy....

Not being racist......but when i pass the queues....its unusual to see a white person standing in the queue.
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Dishevelled Den

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Re: contract question.....
« Reply #3 on: 07 December 2010, 19:36:48 »

Quote
Quote
I'm not sure of the relevant legislation Bertie but if I were to be one of those concerned I'd be down to the nearest Citizens Advice Bureau as soon as possible.

Not as easy as you may think Zulu....
The CAB in Swindon has queues forming...an hour usually before opening....and i've heard they don't answer the phones because they are so busy....

Not being racist......but when i pass the queues....its unusual to see a white person standing in the queue.

That's a bloody shame TD but should it require my being at the door at 0700 to be at, or near the front of the queue, I'd be there.

I wouldn't let the bastaads away with it.

I suppose these queues do show the harsh reality being faced by many people in the country at the moment.
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millwall

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Re: contract question.....
« Reply #4 on: 07 December 2010, 19:38:01 »

Not being racist......but when i pass the queues....its unusual to see a white person standing in the queue.


same at my local cab >:(  and what gives these companies the right to treat people like this  i hope the staff take it further
« Last Edit: 07 December 2010, 19:39:55 by millwall »
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Mysteryman

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Re: contract question.....
« Reply #5 on: 07 December 2010, 20:07:12 »

I can't really see the point here. I doubt very much whether a failure to 'renew' a temp contract would result in a permanent contract being issued. Even if this were the case, a 'permanent' worker can still be sacked with a weeks notice. You may say that they need to be made redundant, but after such a short period of work, this would only amount to a weeks pay, which is the same as a weeks notice.
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Mysteryman

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Re: contract question.....
« Reply #6 on: 07 December 2010, 20:08:31 »

From t'internet:

Where an employee has completed one month or more continuous employment with the same employer they are entitled to at least a statutory minimum period of notice.

The current statutory minimum notice is one week if the continuous employment has lasted between one month and two years (Employment Rights Act 1996 s.86(1)

The employee will be entitled to longer notice than the statutory minimum if her contract says so.

The employee needs to check the contract. If nothing in this, then it's a week's notice (or pay in lieu of notice).

There is no obligation on the employer to offer a permanent position after six months.
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2woody

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Re: contract question.....
« Reply #7 on: 07 December 2010, 22:35:01 »

if you're a contractor and you only bill one customer, the inland revenue forces them to take you on after a certain time, so the employer must either sack you or take you on.
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Vamps

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Re: contract question.....
« Reply #8 on: 07 December 2010, 22:43:03 »

Quote
i work at a toy store at the mo doing retail security... Now i`ve been hearing rumblings from the store staff as they where on temp contracts that the company have forgotten to renew apparantly.....So a couple of em have found out  that if they did not renew there temp contracts then they automatically put onto permanant contracts as its written in UK employment law.....so what has the company done??? issue new temp contracts and told the 17 to 20 yr olds that if they dont sign by friday then they are fired!!!! Now its got nowt to do with me as i dont work for Smyths toy stores but i do sympathise with these kids as thats all they are as its their first job outa school.....  ::) ::)

This is my understanding, I believe there is a move to move away from temp contracts that last more than 6 months, but I am unsure of the facts.  Appropriate advice, as said, is needed if not the cab then a trade union........ :)
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jerry

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Re: contract question.....
« Reply #9 on: 08 December 2010, 00:55:17 »

if a temp employee has been working continuosly under a single contract that has been renewed at least once, or under a series of contracts, for 4 or more years, they will a become permanent employee unless the employer can justify continuing to employ them on a temp basis.

so,  the answer in this case would seem to be no, they would not be eligible for "permanent" status. Their situation was an oversight by the company but they obviously took advantage of the extra work available. The contract was not renewed and they had not been employed for 4 or more years on such a temp contract. Fixed term contracts (temp employees) come under the Fixed term employees regs of 2002 which ensures however that  they should not be treated less favourably than other (permanant)employees provided they are doing the same or similar work.
hope this helps :y
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