Fixed Term Workers - An Update (Employment News, September 2006)

On 10 July 2006 the Fixed Term Employees (Prevention of Less favourable Treatment) Regulations 2002 were four years old. These Regulations provide that employees on fixed term contracts will become permanent employees automatically after four years, unless the employer can justify objectively the contrary position. Where a number of fixed term contracts have been issued without a break in employment, the start date on the first contract and the end date on the last contract will be used to determine an employee’s period of continuous employment. Care should be taken on expiry of a fixed term contract to comply with any minimum notice requirements under the Employment Rights Act and to follow the statutory disciplinary procedure upon expiry of the contract, which can amount to a dismissal in law. 

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Caroline Carr David Hoey


(Information posted in September 2006 and may not have been updated at time of reading.)

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