Veitch Penny LLP - Exeter | Crediton, Devon

Case

Fixed Term Work Regulations

Issues

Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002

Facts

These are to implement the terms of the Fixed Term Work Directive in Britain whereby fixed term employees have the right in principle not to be treated less favourably than permanent employees of the same employer doing similar work. A Fixed Term employee can complain to an Industrial Tribunal where there is less favourable treatment which cannot be justified on objective grounds.

In addition to this the Regulations provide that where a fixed term employee has been on a fixed term contract for four years or more, and is re-engaged on another fixed term contract without his continuity being broken, the new contract takes effect under the law as a permanent contract unless the renewal on a fixed term basis is also objectively justified.

The Regulation came into force as from 1st October 2002.

Decision

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