I'm in a more-than-two-year fixed-contract job in the UK, ending in a few months (employee/employer type of contract). I just received an email stating:
For the record, I need to advise that there would have been opportunity to extend your contract so this would be a resignation rather than redundancy matter.
On that basis, please can you submit your formal resignation to ...
Regarding the "there would have been opportunity to extend your contract", all I can say is that my boss offered me the possibility of extending the contract "for some time" (less than a year), but for personal reasons I need to move to a different town. In any case, I never received a formal extension offer. Perhaps more importantly, because I rejected the "extension offer", my employeer will hire a replacement.
Now, is this an unfair request, perhaps asking for myself to renounce redundancy (or other) rights? The official information in the UK government website about fixed-term contracts states:
Anyone who’s worked continually for the same employer for 2 years or more has the same redundancy rights as a permanent employee.
Further on, regarding ending a fixed-contract, it says:
If a contract isn’t renewed
This is considered to be a dismissal, and if the employee has 2 years’ service the employer needs to show that there’s a ‘fair’ reason for not renewing the contract (eg, if they were planning to stop doing the work the contract was for). ...
They may be entitled to statutory redundancy payments after 2 years’ service if the reason for non-renewal is redundancy. [emphasis mine]
So, there seems to be a difference between dismisal and redundancy. In fact, the official UK government website regarding redundancies states:
Redundancy is a form of dismissal from your job. It happens when employers need to reduce their workforce.
So, it seems ending of fixed-contract is not per se reason for redundancy, specially given that the employer will hire someone for my position.
My questions now:
- is my analysis correct? This is, am I not entitled to redundancy rights?
- should I send a resignation message for a fixed-term contract, if it is evident the contract is to finish anyway?
- if not, why would I be asked to do so?