Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfair.

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plaid

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Hi,

I worked in a local authority for 3 years and last year was informed that my contract would not be renewed when it expired in Jan 09 as the council had been directed by govt to implement a 3 percent cut in payroll. I and many others lost our jobs this way.

Lately I have heard of at least one case where someone whose contract expired in July continues to work in the council, on less hours, but working nonetheless and I assume they have had a contract renewed.

Firstly, isn't there a staffing embargo in the public service; and secondly, isn't it deceitful of the council to let some go on grounds outlined above and keep others on.

Would I and others have any grounds to claim unfair dismissal.

What do others here think?
 
Re: Told no temp contracts being renewed, now some are

I don't understand your complaint. The thread title says "no temporary contracts..." but you go on to say "my contract..."

What type of contracts are you talking about? Is it possible that other contracted workers are regarded as having more important roles than you?

Anyway, you say that you "have heard of at least one case..." So it is not a fact?

Massive leap and a lot of assumptions to get to unfair dismissal IMO.
 
Re: Told no temp contracts being renewed, now some are

Most contractors have been let go. But some remain, for varied reasons.

If you have proof that it was unfair then why not? Unless you've no proof.
 
Re: Told no temp contracts being renewed, now some are

Apologies for not being clearer. I was on a series of Fixed Term contracts. I know I shouldn't have assumed I'd be made permanent but I did as their was a permanent vacancy - and my manager hinted I would be made permanent in time.

I know of one case (which would make me assume there are more). I know this person's fixed term contract was up in July (we spoke about it). Not a great friend of this person but I know now that this person continues in their job, on a reduced working week, therefore I assume they've had their contract renewed.

My complaint is I and others were told that no fixed term contract workers would have their contracts renewed after they expired in 2009 due to budgetary contraints etc, and since then the govt has introduced an embargo on recruitment. This person's role could not be deemed more important than mine for many reasons. Like many in this country losing my job has been a terrible blow, I have a mortgage and am single. However, if you're employer has their hands tied and can't renew your contract you understand. But when you hear that some people in better circumstances than yourself are being kept on it's a bummer, and is contrary to what those of us let go have been told.
 
Re: Told no temp contracts being renewed, now some are

Have you contacted your union about this?
 
Re: Told no temp contracts being renewed, now some are

Hi,

I haven't spoken to them at all regarding this as I only heard yesterday (but from a good friend of person so it's true) and so will have to wait till Monday. This person also had only been there for just over a year while I have 3 years service. I will get on to union and also to a county councillor. I am annoyed to hear of this because the council are not being consistent nor fair in this issue. If they say no fixed term contracts are being renewed then that is what should happen. Plus apparentlythere is a recruitment embargo in the public service so how can this special case be made. Thanks for your replies, I know I haven't given much info, I just said before I make contact with others I'd check on here for any advice or other's experience.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

There isn't a total embargo in the public service. Certain posts can be filled on a one in one out basic for certain grades such as physiotherapists etc. In the case of clerical posts, if the post cannot be filled by re deployment approval from the Dept of Finance and I presume in the case of the LA's, Department of the Environment is required.

Renewing contracts is another matter. All departments are expected to reduce their payroll costs and non renewing of contracts is the obvious choice. We were told to look at anyone with less than one years service first.

It maybe a case that the manager demostrated a need to retain this person on shorter hours.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

Thanks Becky, I imagine you are right. The section I worked in is falling apart but my manager had no spine and was only bothered about keeping his own cushy number. I can imagine good arguments being made to keep this person on (and so many others too), so I guess it comes down to priorities and manager's abilities. Annoys me off but sure that's life I suppose.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

becky said:
In the case of clerical posts, if the post cannot be filled by re deployment approval from the Dept of Finance and I presume in the case of the LA's, Department of the Environment is required.
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Exceptions to the embargo require the personal approval of the Minister of Finance, regardless of what part of the public service the post is in.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

Complainer said:
Exceptions to the embargo require the personal approval of the Minister of Finance, regardless of what part of the public service the post is in.
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That's what I meant. In the HSE it requires DoF and DoHC approval. I'm sure the DoF won't consider any application unless the the relevant minister supports it. In the case of the LA's this would be the Dept of the Enviroment.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

Complainer said:
... require the personal approval of the Minister of Finance...
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Hi Complainer,

I don't doubt you but can you confirm that it is the personal approval of the minister that is required?

AJ
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

ajapale said:
Hi Complainer,

I don't doubt you but can you confirm that it is the personal approval of the minister that is required?

AJ
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[broken link removed]

See paragraph 2 of appendix 1.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

I am to direct that, with effect from the date of this letter to end 2010, no public service post, however arising, may be filled by recruitment, promotion, nor payment of an allowance for the performance of duties at a higher grade. Therefore when vacancies arise Departments/agencies etc must reallocate or reorganise work or staff accordingly. Any exceptions to this principle, which will arise in very limited circumstances only, require the prior sanction of the Minister for Finance. The decision also applies to temporary appointments on a fixed-term basis and to the renewal of such contracts.
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Thanks but as I suspected it required the prior sanction of the Minister for Finance and not the personal approval as stated.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

ajapale said:
Thanks but as I suspected it required the prior sanction of the Minister for Finance and not the personal approval as stated.
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I honestly don't see the difference. In the past, one minister never had to get sanction from another minister to fill a post. Whether it's his santion or his approval makes no difference to me in any case.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

It the word "personal" that Im questioning. I find it hard to believe that if a LA wants to employ say Beachguards that it requires the "personal" approval/sanction of a Minister. Far more likely, in my opinion, that some civil servants in the Minister's office make the decision and the minister rubber stamps it.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

ajapale said:
Far more likely, in my opinion, that some civil servants in the Minister's office make the decision and the minister rubber stamps it.
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Civil servants are generally very careful about seperation of powers. They may well make a recommendation to the Minister, which the Minister then decides to approve or reject. The decision is with the Minister.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

Fair enough, but I don't think the word is personal.
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

Hi there, I am in a similar position. Public service job - I have had 3 fixed term contracts - and have just a year done. I was lucky to get in by the skin of my teeth on renewal last March - the embargo happened the week my contract was renewed. It was dodgy that it would be renewed or not - but I got 6 months out of it. I have heard that my job is gone in Nov - but there are 7 others in my section (they have longer service by 6-12 months than me) and they have more or less been told they are safe. I am literally last in. Loads of other departments around us have renewed contracts since last March - some are management but most are admin like myself. I am just totally confused about how strict this embargo really is. I can understand the need to renew vital contracts in health service etc. but most of the admin positions that are being filled are quite junior positions that could well be done without. Just discovered (reading through other posts) that I am not even entitled to Job Seekers Benefit as I only worked a year (I am sickened).
 
Re: Fixed Term contracts with LA for 3yrs. Not renewed in Jan 09, some renewed, unfai

biancat said:
Just discovered (reading through other posts) that I am not even entitled to Job Seekers Benefit as I only worked a year (I am sickened).
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What were you doing before starting work there? Because the rules are a little different if this was your first job, or if you were in college.
 
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