- Fixed-term employees have the right to protection from less favourable treatment compared with permanent employees (this protection does not extend to workers who are not employees)
- Employers should apply the pro rata principle unless this is inappropriate
- Employers may consider a 'term by term' or 'package' comparison when comparing terms
- Fixed-term employees may challenge less favourable treatment on the basis of fixed-term status where this cannot be objectively justified by the employer
- An employee who is employed on successive fixed term contracts for four years will be treated as permanent unless the employer can objectively justify the continued use of fixed-term contracts
- An employee on a fixed term contract has the same statutory rights as permanent staff, notably the right not to be unfairly dismissed following two years' employment.
- Non-renewal of a fixed-term contract will usually be because of redundancy or some other substantial reason (SOSR)
- Employers should ensure that fixed-term contracts contain a provision to allow for the early termination of the contract with notice.
In light of the outbreak, organisations facing increased demand may wish to take on workers on a fixed-term contract to assist in this situation. Please refer to our in-depth section for more information.