EMPLOYMENT LEGISLATION

FIXED TERM WORK
A guide to the regulations (PL512)
 

Contents

	Summary of compliance guidance  [and PDF version (72Kb)]
	Who is covered?
	How does the equal treatment principle work? Who can fixed-term employees compare themselves with? What is less favourable treatment?
	Objective justification What would be objective justification? How do employers objectively justify different conditions for fixed-term employees? How would comparing conditions term by term work? How might the package approach work?
	Do the same period of service qualifications apply?
	What is the pro rata principle?
	Should fixed-term employees have access to occupational pension schemes?
	Will fixed-term employees now have redundancy rights?
	When do fixed-term employees have the right to request a written statement?
	What changes are being made to statutory employment rights?
	Limiting the use of successive fixed-term contracts What might be objective justification for fixed-term contracts beyond the 4-year period? How can we change the 4-year limit by collective or workforce agreements? After reaching four years? What is four years’ continuous service?
	How should fixed-term employees be informed of permanent vacancies?
	What remedies are available for fixed-term employees receiving less favourable treatment?

This guidance note sets out the requirements of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations, which come into force on 1 October 2002. The Regulations implement the EC directive concerning the Framework Agreement on Fixed-term Work. The purpose of this guidance is to explain the requirements of the new Regulations to employers, managers, union representatives and employees who may be affected by them and to let people know about their new rights. This guidance does not have statutory force. It gives general guidance only and should not be regarded as a comprehensive or authoritative statement of the law. It describes the position which applies in England, Wales and Scotland.

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Last updated 4 October 2002