Cookies and privacy
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?
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?
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
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.
Want to see more?
XpertHR is designed to work consistently across a range of browsers,
including Internet Explorer,
Opera and Safari.
If you find bugs in our site, please Contact Us.
We appreciate feedback.