How is a fixed-term employee defined?
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?
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?
The Fixed-term Employees (Prevention of Less Favourable Treatment)
Regulations 2002 (SI 2002/2034) state that fixed-term employees must not be
treated less favourably, on grounds of their fixed-term status, than comparable
permanent employees. Less favourable treatment in relation to particular
contractual terms will be justified if the terms of a fixed-term employee's
contract taken as a whole are at least as favourable as those of a comparable
permanent employee's contract of employment. An employer will therefore be able
to balance a less favourable term against a more favourable one, provided that
it ensures that the fixed-termer's overall package is not less favourable than
that of the permanent employee. For example, a fixed-term employee might be
entitled to fewer days' holiday than the comparable permanent employee, but
receive the value of this extra holiday entitlement as increased
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?
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