How is a fixed-term employee defined?
Can an employer treat fixed-term employees less favourably than it treats permanent employees?
Is an employer at liberty to determine its own levels of pay?
Not unless this treatment can be justified objectively. 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, with regard to
the terms of their contract or by being subjected to any detriment by any act or
failure to act of their employer. This includes, in particular, rights in
relation to periods of qualifying service and the opportunity to receive
training or secure any permanent position within the company. If, for example, a
permanent employee receives an increase in holiday entitlement after a certain
amount of service, a fixed-term employee should also receive this increase after
the same qualifying period. In order to ensure that fixed-term employees are not
treated less favourably with regard to securing a permanent position, employers
must ensure that they are informed of any available vacancies.
Is a part-time fixed-term worker obliged to compare his or her terms and conditions with those of a full-time fixed-term worker?
What happens if an employer treats a fixed-term employee less favourably than a comparable full-time employee?
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?
Can an employer advertise a position internally and state that only applications from permanent employees will be considered?
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 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 require a fixed-term employee to sign a redundancy waiver?
Are employees employed on a contract lasting less than three months still denied certain rights?
If a contract can be terminated by notice can it be a fixed-term contract?
Where an individual has been employed on a fixed-term contract to cover adoption leave, can the employer terminate the contract if the employee on adoption leave decides to return early?
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