A member of staff has 1 year FTC ending in January 2022.
They have continuous employment, which including this FTC, is over 4 years. There is no role for them to return to.
No communication has been sent to them at all. Is this considered unfair dismissal? Redundancy?
Have they been on a succession of fixed term contracts over those four years? If so, I presume that they understand the position and are expecting the contract to end. They should ideally have a meeting to confirm the end date of the contract, their entitlement to redundancy pay and to talk about any alternative vacancies in the organisation. At the very minimum they should get a letter giving them notice and setting out their redundancy pay.
If they were previously on a permanent contract, was it made clear to them that they were giving that up for a fixed term role? I'd be surprised if that was what they agreed to as it really disadvantages them. I would have expected it to be a secondment, with the right to return to the original role. Either way, if there is no other suitable role in the organisation, it does mean redundancy.
Their contract states continuous service for redundancy from
No meeting to discuss end of this contract. They have another job to go to, different sector - just as an FYI, so they wouldn’t want to stay employed even if offered.
- best usually to treat and state potentially-fair reason for dismissal as redundancy and to do all that's needed (eg consultation) to ensure fair process.
