A model letter making an offer of fixed-term employment.
Practical guidance on dealing with employees on fixed-term contracts who are pregnant or on maternity leave, including the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002; avoiding discrimination; expiry and non-renewal of the contract; and redundancy as a reason for dismissal.
In Manchester College v Cocliff EAT/0035/10, the EAT held that an employment tribunal erred when it decided that there had been less favourable treatment on grounds of fixed-term status because it had found that any difference in terms was not objectively justifiable. Tribunals should first consider whether or not any less favourable treatment is on grounds of fixed-term status. Only if the answer is yes should they move on to consider the defence of objective justification.
A model contract clause on hours of work and overtime for fixed-term employees.
An employment tribunal has found that an individual employed on three consecutive fixed-term contracts over almost a decade is a permanent employee, in a case that has significance for employers in sectors that regularly employ staff for a fixed term, such as teaching, IT and construction.
A model letter extending a fixed-term contract.
In Duncombe & others v Department for Education and Skills EAT/0433/07, the EAT held that the territorial limits to employment tribunal jurisdiction do not preclude an employee based outside Great Britain pursuing a breach of contract claim that relies on provisions in the fixed-term employees Regulations. The Regulations implemented European legislation, giving directly effective rights that the domestic courts must seek to enforce.
HR and legal information and guidance relating to fixed-term employees.