Fixed Term Contracts of Employment

A fixed term contract is defined as one which will terminate;

• On the expiry of a particular term
• On the completion of a particular task
• On the occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding that position.

Protection from less favourable treatment

The Fixed term Employees (prevention of less favourable Treatment) regulations 2002 were implemented by the Employment Act 2002.

These regulations only apply to employees and a comparable employee is defined as a permanent employee who at the time when the alleged less favourable treatment takes place is employed by the same employer and engaged in the same or broadly similar work having regard to experience and qualifications.

A fixed term employee has a right not to be treated less favourably in respect of things like receiving training, and having the opportunity to secure any permanent position in the company.

Most importantly, the regulations have the effect of converting a fixed term contract into a permanent one in some circumstances, which are:

• The employee has been continuously employed on a series of two or more fixed term contracts for a period of four years, with all the years of employment taking place after 10/7/2002.

If you are working under a fixed term contract, and think you are being treated less favourably than a permanent employee working for the same organisation, you may wish to seek legal advice.  Call our team on freephone 0800 422 0241 or complete our contact form and we will get back to you.