Public Sector: Fixed Term Contract

Schweizer

Hi,

I am currently working in a permanent position in the public sector. I applied for an externally advertised fixed term contract position in the same organisation (same grade as my current position) and was placed on a panel. I was selected lately and I've passed all the pre-requisites.

I've now been told that my line manager has blocked the move until a replacement is hired and there is time for a handover.

I've a good relationship with the line manager and I can see their point of view. My query is whether HR should be allowing this? There are other external candidates who were on the panel and have already taken up their roles (same role title and grade). It would seem to me that they are not treating all candidates in a fair and consistent manner as outlined in the code of practice for public sector appointments which this role refers to?

Now in saying all that I have been told that my permanent role is being held and my permanency will not be affected.

Any advice?

caviardreams

That's completely allowed and as you say your permanent role is being maintained even though it's a fixed term contract so really it's the same as an internal move in that sense. HR will be fine with it

You're at no disadvantage in terms of salary or conditions as it's the same grade and pay so working with your current line manager to ensure a smooth handover is in everyone's interest as you're staying on in the organisation and could well even be returning to work in the same area after the fixed term finishes.

Why are you so keen to move now?

Daith

Yeah, if you're keeping that permanent role, then yes, I understand your manager wanting to get a backfill for your role

Schweizer

Thanks for your replies, I can't say to much about why I'd want to leave now without giving myself away!

And yeah I can completely understand the line manager, I just thought being the public sector when you apply for these externally advertised roles that everyone has to be treated in the same way.

The code of practice which is legally binding by Public Service Management (Recruitment and Appointments) Act 2004:

https://www.cpsa.ie/en/collection/8c53f-code-of-practice/

Seems to suggest that all candidates should be treated in a consistent manner. An example from the code is "Office holders have an obligation to treat candidates fairly, to a consistent standard and in a consistent manner." It doesn't distinguish based on existing employment conditions such as keeping my permanency. So my thinking by the fact that other candidates from the same panel had started in their roles and I was being held back that I am not being treated in a consistent manner. Not saying you are both wrong, just explaining in more detail what my thinking was.

caviardreams

You are being treated the same - pushing back a start date isn't different T&Cs

Schweizer

Appreciate the responses. One more question, is it possible for them to reduce the term? Let's say it was a twelve month fixed term. If they push back the start date, it still has to be 12 months?

caviardreams

If it says 12 months on the contract then yes. If it is specified purpose then it can change