Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


How is a fixed-term employee defined?

Are employees employed on a contract lasting less than three months still denied certain rights?

Can an employee be employed indefinitely on fixed-term contracts?


At what point does an employee who has been employed on a series of successive fixed-term contracts become a permanent employee?

Where an employee has been continuously employed on a series of successive fixed-term contracts for four years or more, he or she will automatically achieve permanent status, unless there is an objective reason that justifies a further renewal for a fixed term.

The employee will become a permanent employee on the later of the date on which the contract was entered into (where the employee was employed on a previous fixed-term contract prior to the start of the current contract) or renewed, and the date on which he or she accrued four years' continuous service.

For example, if an employee has been employed on a fixed-term contract of three years that is renewed for a further two years, assuming that the employer cannot justify a further fixed-term contract, the employee will achieve permanent status on the date on which he or she accrues four years' service. If an employee is employed on a fixed-term contract of five years, and the contract is renewed, assuming that the employer cannot justify a further fixed-term contract, the employee will achieve permanent status on the date on which the contract is renewed. However, if the employee is dismissed at the end of the five-year contract, he or she will not achieve permanent status because, although the fixed-term contract lasted for longer than four years, it did not form part of a series of successive contracts.

Want to see more?

login arrow blue

XpertHR provides answers to more than 1,000 FAQs. But that's not all...
Request a demo today to find out how XpertHR can benefit your organisation

Can an employer treat fixed-term employees less favourably than it treats permanent employees?

In ensuring no less favourable treatment between fixed-term and comparable permanent employees can an employer balance a less favourable condition against a more favourable one?

If a fixed-term position becomes permanent, should the current post-holder be offered the permanent position, or should the position be advertised first?

Can an employer require a fixed-term employee to sign a redundancy waiver?

If a redundant employee accepts alternative work for a fixed term, what are his or her rights when that fixed term comes to an end?

Can a person on a fixed-term contract make any claims on the employer if the contract is terminated?

Can an employee claim unfair dismissal where a contract that was entered into for the completion of a specific task comes to an end?

Will the dismissal of an employee who is taken on temporarily to fill in for a pregnant woman be fair?

Given that the expiry of a fixed-term contract constitutes dismissal, what will usually be a fair reason for dismissal?

Where an individual has been employed on a 12-month fixed-term contract to cover maternity leave, can the employer terminate the contract early if the woman on maternity leave decides to return early?

If a contract can be terminated by notice can it be a fixed-term contract?

Are employees on fixed-term contracts entitled to statutory notice of their dismissal?

When a fixed-term employee is offered a permanent contract following on immediately from the fixed-term period, when does his or her period of continuous service start?

Where a fixed-term employee's contract is due to terminate while she is on maternity leave, does the employer have any obligation to re-employ her at the end of her maternity leave?

Can an employer reject an applicant for a maternity leave cover role on the basis that the applicant is herself pregnant and will not be able to work for the full cover period?

Can an underperforming employee on a fixed-term contract be dismissed before the end of the fixed term?

1  2  Next
Top