The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 Flashcards
What is a fixed term contract?
A fixed-term contract is a contract of employment for a specified period. It will end on the given date or completion of a specified task.
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What protection is given to fixed-term employees?
The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
Fixed-term employees are protected under legislation and must be treated the same as permanent employees unless the difference in treatment can be objectively justified.
What is objective justification?
Employers must not treat workers on fixed-term contracts less favourably than permanent employees doing the same or largely the same job, unless the employer can show that there is a good business reason to do so.
This is known as ‘objective justification’.
What rights are given to fixed term employees?
Fixed-term employees have the right to not to be treated less favourably than comparable permanent employees.
Protection from less favourable treatment
The right to be informed of permanent job opportunities
Protection from unfair dismissal
Fixed-term employees have the right not to be unfairly dismissed after two years of service
Protection from discrimination
Fixed-term employees are protected from discrimination at work under the Equality Act 2010.
Right to a minimum notice period
Right to a written statement of reasons
Fixed-term employees may be entitled to statutory redundancy payments if they are dismissed for redundancy after two years of service
What redundancy rights to Fixed Term Employees have?
Anyone who’s worked continually for the same employer for 2 years or more has the same redundancy rights as a permanent employee.
What does Regulation 8 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 state?
Under regulation 8 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002:
Employees who have been continuously employed for four years or more on a series of successive fixed-term contracts are deemed to become permanent employees in their current roles unless the continued use of fixed-term contracts can be objectively justified.
