Does the employee have a chance of winning their appeal? | Lawhive - Solicitors & Lawyers Online
Does the employee have a chance of winning their appeal?
I work in a school in England. I have been employed there since November 2018 on a series of fixed term contracts. I was told yesterday that my current contract won’t be renewed after it terminates at the end of August. My manager said this is because the money that funds my role (current contract 8h/wk) is needed to pay permanent staff. The letter confirming the non-renewal states “budgetary constraints” as the reason. However, my work is externally funded for a particular purpose and I am involved in the meetings that decide the funding and have access to all the admin for this. The structure is such that funding is given for a particular target with a review point of the next meeting - these meetings are not until the autumn. I am named in the tasks that apply to me. The feedback at the meetings is usually good and new targets are agreed each time, hence why I have been employed for so long. The meetings are six-monthly. I intend to appeal, because I believe that this is treating me less favourably because of the nature of my contract and because the reason of lack of funding is demonstrably untrue. Does this seems reasonable? Have I missed anything?

Tanya Mccurren

19th October 2021

Top Answer
Seems like the HR department doesn't understand employment law. Are you a member of a Union? If not join one today. The employer must ensure that the dismissal is fair. Consequently, despite your fixed-term contract stating at the outset that the contract will terminate on a specific date, if the reason for dismissal is unfair, or if your employer does not serve the correct notice to the fixed-term employee, or fails to follow any part of the procedure correctly, they are liable to a claim for unfair dismissal. The fact that the fixed term has expired is unlikely to amount to a fair reason for dismissal by itself. However the terms used of "budgetary constraints" may allow them some latitude to argue that whilst your salary was funded, there are other costs concomitant to your employment that are not.

Annette Diaz

11th February 2022


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