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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? 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?
If a fixed-term contract is terminated by the employer before the agreed expiry date, the employee can claim for breach of contract, or for unfair dismissal and/or redundancy pay if he or she has sufficient continuity of service. On expiry of a fixed-term contract, there can be no breach of contract claim, but there can be unfair dismissal and redundancy claims.
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