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fixed term contract terminated before its up

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  • 24-04-2015 7:42am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Just looking for a few thoughts on this. I was taken on on a fixed term contract for a specific role. I've been told (after being in the business a little less then a year) that the business needs have changed and they need someone with more experience in my role. There is still a significant amount of time left in my contract.

    I'm being let go on this basis, but the role itself has not changed, and whether I was suitable or not in the first place, I was taken on for that role and kept on for a length of time. I've recently received a performance related bonus, and as recently as 4 days ago had a conversation with my boss about the projects I would take on in the coming year. I have never been put on a PIP or anything of the sort.

    Can they actually do this? should I try to reason with them or just go quietly and hope for the best in the future?


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    fov56 wrote: »
    Just looking for a few thoughts on this. I was taken on on a fixed term contract for a specific role. I've been told (after being in the business a little less then a year) that the business needs have changed and they need someone with more experience in my role. There is still a significant amount of time left in my contract.

    I'm being let go on this basis, but the role itself has not changed, and whether I was suitable or not in the first place, I was taken on for that role and kept on for a length of time. I've recently received a performance related bonus, and as recently as 4 days ago had a conversation with my boss about the projects I would take on in the coming year. I have never been put on a PIP or anything of the sort.

    Can they actually do this? should I try to reason with them or just go quietly and hope for the best in the future?

    Firstly, check the terms of your contract. There may be a clause allowing both parties to terminate giving a certain defined notice period during the term of the contract.

    Secondly, check for a clause in the contract stating that the unfair dismissals act will not apply on termination.

    Thirdly, given the fact that you are employed there for less than one year, yes they can let you go and it is unlikely you will have access to the Employment Tribunal.

    Unfortunately in a case like this, the best thing to do is ask for a good reference and start looking for a new job. You could go down the road of breach of contract litigation but the most you will receive in redress would be the outstanding amount on your term contract and that you be assuming you win, in the meantime your employer would trash your performance and abilities as a reason why they terminated your contract early.


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    #3
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Yeh, the reason they have given me falls in line with a standard clause in the contract, and it is very conveniently happening before I've been there a year so I know legally I won't have much to go on, and tbh wouldn't be inclined to go that route anyway as previous to this the company has been very good to me.

    I suppose what I really want to know is is there a point in trying to discuss the fact that the role has not changed, and that they were happy with my performance in it up until 4 days ago with the people involved? and to seek clarification on what the change in business needs that's determined I'm being let go after a fairly solid work performance so far is? or is it just playing with fire regarding references etc.


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    #4
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    This probably has very little to do with your performance and a lot to do with the fact that when your employed term exceeds 1 year, you acquire more employment rights. They probably realised that they need someone with a different qualification/experience for a certain task and it would be easier to terminate your contract and hire a new employee before you are there more than 1 year. It sucks but it is the reality of fixed term contracts.


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    #5
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Ok, I suppose I knew that. I don't really want to go into too much detail, but I think the skills/experience gap has only cropped up due to the circumstances of a colleague. I.e they have left and now my contract is being terminated to allow for a new hire to fill the gap left by my colleague. They will be returning so there is a possibility my contract is being terminated to allow the business to offer a more attractive contract to fill my colleagues temporary absence.

    Do I have any roads to explore in that situation? other than the moral highground which I don't think will work!


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