The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 are designed to prevent fixed-term employees being treated less favourably than similar permanent employees, and to limit the use of successive fixed term contracts. The main provisions of the regulations are that:
- Fixed-term employees should not be treated less favourably than comparable permanent employees on the grounds that they are fixed-term employees, unless this is objectively justified. Employees who believe that they are being treated less favourably than comparable permanent employees may request a written statement of the reasons for the less favourable treatment and are entitled to receive such a statement within 21 days of the request.
- The use of successive fixed-term contracts is limited to four years, unless the use of further fixed-term contracts is justified on objective grounds. Employees who believe that their fixed-term contract should be deemed permanent under the regulations may request written confirmation of this and are entitled to receive a reply (either confirming that the contract is now permanent or setting out the objective justification for it remaining fixed-term) within 21 days of the request. Any such requests which are received must be forwarded to your HR Business Partner who will advise on a response.
- Fixed-term employees are entitled to receive information on permanent vacancies in their organisation.