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Cap handy Posted: 15 Sep 2009 8:32 AM

Are there any legislative timeframes for people acting up into posts. i.e how long an acting up post can run before the individual has the right to claim that it is his/her post?



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The rules on fixed-term contracts state that once a person has been employed for four years they are deemed to be permanent employees. I would apply the same rule here.

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That is, of course, assuming thetre is a genuine reason for this being a fxed-term contract, eg to cover maternity leave / a specific project etc.

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It is to cover a vacant post that management are in no rush to fill



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Are there any legislative timeframes for people acting up into posts. i.e how long an acting up post can run before the individual has the right to claim that it is his/her post?

 

Currently i have been acting up for 2 years as Team Manager 

 

paulene 


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I suppose it could be argued that custom and practice would eventually make the post theirs (after a year or so), but I can't remember ever seeing a case around this issue. I would hesitate to have someone acting up for longer than a year (in for example cases of maternity leave). It would beg the question that why, after a year when the individual has demonstrated their abilities, you would not appoint them on a permanent basis or find someone else? Also consider, how this ongoing uncertainty over their future role affects the individual's performance and motivation?

Regardless what you do, make sure that you have the paperwork and contracts clearly stating that it is an acting up post, the salary and benefits are x for the duration and at the end of the acting up post, these will revert to y.

Hope that helps!

Krista

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Cap handy:

Are there any legislative timeframes for people acting up into posts. i.e how long an acting up post can run before the individual has the right to claim that it is his/her post?

I have been acting in a Team leader's post in an NHS employment for two years. Please Advice if I am legally able to claim this position as a substantive one.

Regards

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I am in the some position like you now , i have been acting up as a supervisor for more than two years and in my contract there is start date and no end date at all. my employer now is trying to put me back in the position i used to do, i am not happy as i was told by my office managet at that time that the job I am doing will be automaticaly permanent after two continues years. so please can anyone advise me what should i do ?
 
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