The Workers (Predicable Terms and Conditions) Act 2023 has now received Royal Assent. But will it fix the problem of zero hours contracts and precarious work? Probably not, says XpertHR consultant editor Darren Newman, who casts an eye over Labour's plans for a "New Deal" and points to a forgotten proposal with the potential to make a real difference.
In Kücük v Land Nordrhein-Westfalen [2012] IRLR 697 ECJ, the ECJ held that an employer's use of 13 successive fixed-term contracts over a period of 11 years was not inherently in breach of the Fixed-term Workers Directive, but that the issue of objective justification had to be assessed by the national court on the particular facts of the case.
The European Court of Justice has suggested that it may be possible for employers to justify engaging an individual for more than four years on a succession of fixed-term contracts as he or she moves around to cover work for different absent employees.
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