Updated to reflect the Government's confirmation that fixed-term contracts can be extended so that employers can continue to pay fixed-term employees through funds from the Coronavirus Job Retention Scheme.
In a case about the pre-6 April 2013 legal position, the Supreme Court has overturned the Court of Session decision that dismissals that resulted from the expiry of fixed-term contracts did not count towards the threshold for triggering collective redundancy consultation obligations.
A model policy on fixed-term working, which covers your organisation's rules on the employment of fixed-term employees. The policy describes the situations in which a fixed-term worker might be recruited. These are: when a job will come to an end on a specific date; the worker is needed to complete a particular task; and the worker is covering for an absent employee (for example one on maternity leave). The policy also sets out fixed-term workers' employment rights.
In Kücük v Land Nordrhein-Westfalen  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.
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