Public Service - Embargo on Contracts of Indefinite Duration

LegacyUser

Hi There, I've small situation here at work that I can't figure out. I've been on to NERA but they didn't have a clue of the answer so I thought I would ask here if anyone might know where I could find out some accurate information.

I work in the public sector. When I accepted the job it was a two year contract (with funding earmarked for a second 2 year and a final 1 year contract to finish with a total of 5 years). I'm coming to the end of the second 2 year contract (i.e. just about to get the 1 year contract). As it turns out, we've been very successful so the project will be expanded (both in size, budget will double and duration will be a further 3 years).

So the problem is that as I understand it, I should be offered a contract of indefinite duration now given I've 4 years and 2 contracts completed already but because of the embargo on recruitment in the public service, I need to sign a contract saying I'm signing for another 3 years and I understand that this is not a CID and will not be extended beyond 3 years (I haven't seen the exact wording yet). I've been told, it's either that or no job.

So what I would like to find out: is this correct and should I just be grateful to have a job for another 3 years or is there anything else I can do to help gain me a bit more job security.

Mrs OBumble

In the current climate, I'd sign now, and have the legal debate later, when the jobs market is better.

It's likely that your employer knows what they're doing is illegal, but that it's the only way they can get approval to employ you at all.

We can't give legal advice here, but a couple of thoughts from the top of my head: The contract may not hold up to scrutiny - after alll you're currently under duress! And it appears to contradict current employment law.

Kristopherus

Under current employment law if you have worked 4 years in specific purpose contracts, any further contract must be of indefinite duration, i.e permanent. Have you been getting increments during your time there so far?

Clauric

I would take the contract. I would then argue the legality of the contract at a later date. Either you will get a contract of indefinite length or up to 2 years pay in an EAT case. Win/win from your point of view.

LegacyUser

Thanks for the feedback. It's very much appreciated.

Yes I have been getting increments (although the reality is that the cuts in PS pay means I've pretty much been static) but on paper at least I've been getting them.

Thanks again.