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  1. I hope somebody can help.... I have a few questions. My story: I worked for a company from January 2004 to January 2011 on a permanent basis. Due to relocation (mine) I was put on a 1 year fix term contract January 2011 to January 2012. My terms and conditions stayed the same as when I was permanently employed. When the fixed term contract ran out January 2012 I asked far a new contract but nothing happened. To this day I am still working and get paid, holiday allowance, payrises etc accordingly to my old permanent term and conditions but no actual contract. I work in IT and I can see that I am on our system as a permanent employee... My questions is what are my rights? The company I work for are likely to be cutting staff... Can they just tell me to leave? Do I have any claim on redundancy pay as I don't have a contract in case I am asked to leave? Is there anywhere in UK employment law that states that a person is considerate a permanent employee if he/she have been paid for over 3 months without a valid contract? If not what are my employment status? Still fixed term contract but without a contract? I found this on a website: Continuing Contracts A situation that can often occur is when a fixed term employee’s contract comes to an end but the employer does not give any notice of expiry or does not reissue a new contract before the expiry of the old contract. Under these circumstances, if the employer has continued with the employment relationship (i.e. continues to pay the employee) then by implication, the employer has created a new contract of employment where the employee would now be considered to be permanent and on a normal open contract with similar terms and conditions as before Any thoughts/help will be very much appreciated. I am truly lost Happy Thursday
  2. Hi, I moved into a property around five months ago, we viewed the property and originally agreed to a 12 months fixed term contract, we then changed our minds. I contacted my landlord before we moved in and they said we could move in as soon as the contract had been finalised - so I asked, since it has not been finalised; is there any chance you could update the term to six months? They said this wasn't a problem and they would do it, the guy who did the viewing also said this was fine, he would sort it when he got back to the office. We have now been here five months and have seen another property in the same building for £495 with underground parking, white goods 1 bed (we currently pay £475 for a bedsit and my girlfriends grandparents got a parking ticket for £30 for parking in the car park outside our apartment), we thought this was a great opportunity, since our landlord charges around £550 for the 1 bedroom apartments. Today, my landlord rang me about the contractors coming to fix the washing machine (which they have already replaced with a broken one just before Christmas), so I asked them to confirm our agreement was for a six month fixed term, the said it wasn't, it was for a 12 month fixed term, I informed them that I had asked them to update it, but didn't mention that it was before it was finalised, they said that there's nothing we can do, if we decide to move out before July 2012, we will be liable to pay monthly rent of 475 until that date. I feel they have done wrong by me as: 1. I asked them to change the contract to a 6 month contract before it was finalised 2. The have failed to repair the seal around the window to this date (they informed us about it before we moved in and said they would fix it) 3. They have failed to repair the extractor fan in the bathroom (we informed them of this about a month into our term) 4. They replaced our washing machine with a broken one, then the contractors took a week to fix it (well, they're supposed to be coming on Tuesday) 5. I know(think) that they own the land on which my gf's grandparents got a parking ticket and contract the parking attendant's to give out tickets there (they got the ticket on Christmas Eve) 6. The rent is extortion for a bedsit when we can get a one bedroom apartment w/ parking space for £495, and, if I was 21, we could get a 3 bedroom house with two reception rooms for £495. This is from the tenancy agreement: 4. Ending this Agreement 4.1 The Tennant cannot end this Agreement before the end of the Term 4.2 If the Tenant stays on after the end of the Term, the Tenancy will continue but will run from month to month (a 'periodic tenancy'). This periodic tenancy can be ended by the Tenant giving at least one month's written notice to the Landlord, the notice to expire at the end of a rental period. 4.3 The Landlord has the right to recover possession of the Property if the Tenancy has come to an end and the Landlord has given 2 months' notice to the Tenant of the Landlord's intention to recover possession of the Property and at least 6 months have passed since the date of this Agreement. 4.4 If at any time 4.4.1 any part of the Rent is outstanding for 21 days after becoming due (weather formally demanded or not) and/or 4.4.2 there is any breach, non-observance or non-performance by the Tenant of any covenant or other term of this Agreement and/or 4.4.3 any of the grounds set out as Grounds 2,8 or Grounds 10-15 (inclusive) and 17 contained in the Housing Act 1998 Schedule 2 apply and/or 4.4.4 the Tenant is declared bankrupt under the Insolvency Act 1986] the Landlord may recover possession of the Property and this Agreement shall come to an end. The Landlord retains all his other rights in respect of the Tenant's obligations under this Agreement. This clause does not affect the Tenant's rights under the Protection from Eviction Act 1977. 3. The Landlord's obligations: 3.2 To insure the Property and the Contents and use all reasonable efforts to arrange for any damage caused by an insured risk to be remedied as soon as possible and to provide a copy of the insurance policy to the Tenant. 6.7 Where the context so admits: 6.7.1 The 'Landlord' includes the persons from time to time entitled to receive the Rent. 6.7.2 The 'Tenant' includes any persons deriving title under the Tenant. 6.7.3 The 'Property' includes any part or parts of the Property and all of the Landlord's fixtures and fittings at or upon the Property. 6.7.4 All reference to the singular shall include the plural and vice versa and any obligations or liabilities of more than one person shall be joint and several (this means that they will each be liable for all sums due under this Agreement, not just liable for a proportionate part) and an obligation on the part of a party shall include an obligation to allow or permit the breach of that obligation. 6.7.5 All references to 'he', 'him' and 'his' shall be taken to include 'she', 'her' and 'hers' 6.7.6 The Tenant may use the Car Park Bay[s] (if any) for parking one private motor car in each bay. All copied word for word (capitals and all) from my tenancy agreement. Is there anything I can do?
  3. Hello, This is my first post in this forum but i'm hoping that a few of you could kindly give me some advice. My organisation is currently in the middle of the TUPE process and the new employers have offered me another possition within the company although this is only part time and for a fixed term compared to my current full time permanant contract. Becasue the new possitions T&C's are no where like my current T&C's i have the choice of redundancy if i refuse the new possition. My question is - Am i entitled to redundancy money at the end of the fixed term, part time contract they are offering or will i be left with nothing at the end of the 12 months. The new employers said i wouldnt be entitled to anything but i am a little sceptical whether this is the case or not. Hope this makes sense and i hope you can advise. Any advice is greatly appreciated. Many thanks, Bredmaker
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