We are a charity in receipt of funding for a variety of staff posts, many of whom are on fixed term contracts. It is often our practice to extend contracts when funding allows for this. My query is are we obliged to issue a new contract each time we extend the term of an employee's employment or is it sufficient to issue the employee with a letter simply stating that the contract is extended until a specific time in the future. I’d also be interested to know if a letter would suffice for internal employees who take on new duties during maternity cover i.e. will a letter explaining new duties be enough or again are we obliged to issue a contract?Posted in : First Tuesday Q&A NI on 5 October 2010
A simple side agreement or letter of variation to the FTCs should suffice in these circumstances assuming that the employee consents to the proposed extended duration change. This document should be signed by both the employer and employee and held together with the contract of employment with a copy being provided to the employee.
However, you should be careful when considering extensions of fixed-term contracts as there must be clear justification for not transferring the employee to a permanent contract if the employee has service of four years or more (as per the 2002 Fixed Term Employee Regulations).
In relation to those employees temporarily taking on additional maternity cover
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.