“My fixed term contract is ending”
Maybe you were employed on a fixed term contract to cover a specific project, seasonal demand or maternity leave? Whatever the reason, when your fixed term contract is coming to an end, there are various things you need to be aware of.
Is your fixed term contract ending as predicted?
Usually, a fixed term contract will have a specified ending. Rather than an actual date, the ending might be connected with an event, such as the employee’s return from maternity leave.
If all goes well, your contract will end on that date or when that event occurs.
Your employer doesn’t have to give you written notice of termination, because the end date should be written into your fixed term contract so it won’t come as a surprise to anyone.
However, it’s good practice for them to write and advise you that your contract is coming to an end. They should also contact you to deal with any end-of-contract admin tasks such as untaken holidays, or return of company property.
In addition, your employer should advise you about any fixed term or permanent vacancies in the business so you can apply for another role if you want to.
Is your fixed term contract ending early?
If your employer’s circumstances have changed, or they are concerned about your conduct or performance, they may decide to end your fixed term contract early.
Check your contract to see what it says about early termination.
- If it doesn’t say the employer has the right to end the contract early, they’ll have to pay you until the original expiry date. The exception is if they are accusing you of gross misconduct
Been accused of gross misconduct? See our articles What does gross misconduct mean? and “I’ve been dismissed for gross misconduct” then give us a call and we’ll tell you what you can do (there’s no charge or obligation for the initial call).
- If it does say the employer has the right to end the contract early, they will have to give you notice. This will be the statutory minimum unless the contract states a longer period
If your employer’s funding has been withdrawn, or the project you’re working on is discontinued, your role might be made redundant. In this case, your employer should follow a proper redundancy process, including consultation. To be entitled to redundancy pay, you need to have worked there for two years.
We’ve written several articles about this topic. Please see: Can redundancy be unfair dismissal?, “Have I been made redundant?”, and Worried about redundancy?
Is your fixed term contract being extended or renewed?
Your employer can extend or renew your fixed term contract if your work hasn’t finished by the stated end date, or because they need you to stay on for another reason.
To do this, they will issue you with a new fixed term contract or write a letter that extends the contract until a new termination date. Note that you don’t have to stay on if you don’t want to. If you do decide to stay, you will continue to accrue continuous service.
Is your fixed term contract being converted to permanent?
If your fixed term contract is extended until you reach four years’ continuous service, you will automatically become a permanent member of staff.
When this happens, your employer should give you a new permanent contract or a letter that amends the terms of the fixed term contract. You will retain your continuity of service.
Is the work continuing after your fixed term contract ends?
If the work or funding has ceased, and you were made aware of this either in the fixed term contract or subsequently in writing, it’s likely that the end of the contract is fair.
If the work is carrying on, but your employer doesn’t extend or renew your fixed term contract, it might count as unfair dismissal. If you want to make an unfair dismissal claim against them, you’ll need two years’ service.
Want to make an unfair dismissal claim? We’re employment lawyers who act for employees, not employers. Give us a call – it’s free – and we’ll let you know your chances of winning and what happens next.
Related reading
- I have just ended a fixed term contract. Can I claim unfair dismissal?
- Reliable checklist to see if you’ve been unfairly dismissed
- Unfair dismissal: Is it too late for me to claim?
- Can I claim for unfair dismissal?
- How do I claim for unfair dismissal
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