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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.


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How is a fixed-term employee defined?

Is an employer at liberty to determine its own levels of pay?

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

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?

Limiting an internal advertisement to applications from only permanent employees is contrary to the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034). Regulation 3 has the effect that employers must give their fixed-term employees the same opportunity to secure permanent positions in the business as permanent employees. Any difference between the availability of internal vacancies to fixed-term staff and their availability to permanent staff would need to be objectively justified.

Regulation 3 also provides that fixed-term employees have the right to be informed by the employer of available vacancies within the business. For these purposes, an employee is 'informed' only if the vacancy is contained in an advertisement that the employee has a reasonable opportunity of reading in the course of his or her employment, or the employee is given reasonable notification of the vacancy in some other way.

It is therefore advisable for employers to inform fixed-term employees of vacancies in the same way and at the same time as permanent employees, whether this means displaying a vacancy notice in a place where all employees would be expected to see it or e-mailing the vacancy list to all members of staff.

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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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