10 July 2006 was the fourth anniversary of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. These Regulations were introduced to stop discrimination against fixed-term staff. They are entitled to the same rights and equal treatment as full-time staff unless employers can objectively justify different treatment.

Some employers employ staff on a succession of fixed-term contracts rather than give them permanent status. Regulation 8 addresses this. An employee who has been continuously employed under a fixed-term contract or a series of fixed-term contracts is entitled to permanent status unless the employer can objectively justify a continuation of the fixed-term contract. Only service after 10 July 2002 counts towards the four years. 

Employees can write to the employer for confirmation of permanent status under this provision and the employer must reply in writing within 21 days to either confirm permanent status or give reasons for continuing the fixed-term contract.

In any event, if a fixed-term contract is not renewed that is, in law, a dismissal. Like any other dismissal, there has to be a fair reason and carried out in a reasonable way using a formal dismissal procedure.

See QGP’s Document ST10A Part-time and Fixed-term Staff (Amended August 2006) now on the website.