Fixed Term Contract - no notice at expiry

[jemmie]

Hi
I have been working on a fixed term contract for the last three years. This contract recently expired with no notification by my employer. Several days after my contract expired I was presented with an extension to my contract.
The extension is allowed within the current 4 year maximum limit allowed on fixed term contracts.

As the termination date of my contract was missed does this mean that i automatically start a new three fixed term contract ?

Should i sign the contract extension or not ?

What is the legal position on expiry of fixed term contracts whose termination dates have been missed ?

Thanks

Jemmie

 

[Deas]

Personally, I would not worry too much about this. You have been presented with a new contract - take it. It can often happen that contracts are overlooked when a staff member is doing a good job.

 

[Bob_tg]

Jemmie - my reading of Section 9 of the Protection of Employees (Fixed-Term Work) Act 2003 suggests that the maximum period you can be employed on a succession of fixed term contracts is four years. There appears to be no provision for special cases or loop holes where a three-year contract can be succeeded by another three-year contract. Section 9 suggests that the maximum is four years. There is some further discussion [broken link removed].

In relation to your specific question in relation to notice of termination, why do you think this is even relevant? The term is fixed for three years and then it ends - there is no need for notice. Why do you think there would be notice? I would have thought notice would apply only in cases of early termination.

Anyway, my advice is sign it and hope that at the end of the fourth year there is a need to turn it into a permanent contract.

Bob