Fixed-term employment contracts
- Steve Fantauzzi
- Jun 18
- 2 min read
What counts as a fixed-term contract?
Employees are considered to be on a fixed-term contract if they meet the following criteria:
- They have a formal employment agreement with the organisation they are currently employed by.
- Their contract is set to expire on a specific date or upon the completion of a designated task, such as a project.
It is important to note that individuals who fall under the following categories are not classified as fixed-term employees:
- Those who have a contract with an agency rather than directly with the company they are working for.
- Students or trainees participating in a work-experience program.
- Individuals working under a 'contract of apprenticeship'.
- Members of the armed forces.
Individuals may be considered fixed-term employees if they fall into the following categories:
- Seasonal or casual employees hired for a period of up to 6 months during a peak season.
- Specialist employees hired for a specific project.
- Employees covering for maternity leave.
Employee’s Rights and The Principle of Objective Justification.
Employers are required to ensure that workers on fixed-term contracts are not subjected to less favorable treatment compared to permanent employees performing the same or similar job duties, unless the employer can provide a valid business justification for such differentiation. This principle is commonly referred to as 'objective justification'.
Employers are required to guarantee that fixed-term employees receive the following:
- equal pay and benefits as permanent staff
- a comparable benefits package
- notification of permanent job openings within the organisation
- safeguarding against redundancy or termination
It is important to note that fixed-term employees are entitled to the same rights as permanent staff within the same organisation, not those of an affiliated employer.
Furthermore, individuals who have been employed continuously by the same employer for two years or more are granted the same redundancy rights as permanent employees.
Workplace Disputes
Employees on fixed-term contracts should address any concerns they may have with their manager in a timely manner.
If they are unable to resolve the issue satisfactorily, they have the right to request a written statement from their employer detailing the reasons for their treatment or to file a formal complaint through the employer's grievance procedure.
If all other avenues have been exhausted and the issue remains unresolved, their final recourse is to bring a claim before an employment tribunal.
Contact Themis Crown Advocates for your legal service needs.
Telephone +44 2038548361
