Employers must not treat workers on fixed-term contracts less favourably than permanent employees doing the same or largely the same job, unless the employer can show that there is a good business reason to do so. This is known as 鈥榦bjective justification鈥�. Example Sam is a fixed-term employee on a 3-month contract. A permanent employee doing the same kind of job has a company car, but Sam鈥檚 employer may choose to not offer him one for such a short period if the cost is too high. Employers must also ensure that fixed-term employees get: the same pay and conditions as permanent staff the same or equivalent benefits package information about permanent vacancies in the organisation protection against redundancy or dismissal However, they鈥檙e only entitled to the same rights as permanent staff working for the same employer, and not an associated employer鈥檚 organisation. Anyone who鈥檚 worked continually for the same employer for 2 years or more has the same redundancy rights as a permanent employee. Workplace disputes Workers on fixed-term contracts should try to sort out any concerns they have with their manager. If they鈥檙e still not satisfied, they can ask their employer for a written statement explaining their treatment, or complain using the employer鈥檚 grievance procedure . Their final option is to make a claim to an employment tribunal .

Renewing or ending a fixed-term contract

Ending a fixed-term contract Fixed-term contracts will normally end automatically when they reach the agreed end date. The employer doesn鈥檛 have to give any notice. If a contract isn鈥檛 renewed This is considered to be a dismissal, and if the employee has 2 years鈥� service the employer needs to show that there鈥檚 a 鈥榝air鈥� reason for not renewing the contract (eg, if they were planning to stop doing the work the contract was for). Workers have the right: not to be unfairly dismissed after 2 years鈥� service - for employees who were in employment before 6 April 2012, it鈥檚 1 year鈥檚 service to a written statement of reasons for not renewing the contract - after 1 year鈥檚 service They may be entitled to statutory redundancy payments after 2 years鈥� service if the reason for non-renewal is redundancy. If the employer wants to end the contract earlier What happens depends on the terms of the contract. If it says: nothing about being ended early, the employer may be in breach of contract it can be ended early, and the employer has given proper notice, the contract can be ended Minimum notice period Fixed-term employees have the right to a minimum notice period of: 1 week if they鈥檝e worked continuously for at least 1 month 1 week for each year they鈥檝e worked, if they鈥檝e worked continuously for 2 years or more These are the minimum periods. The contract may specify a longer notice period. If an employer ends a contract without giving the proper notice, the employee may be able to claim breach of contract. Working longer than the contract鈥檚 end date If an employee continues working past the end of a contract without it being formally renewed, there鈥檚 an 鈥榠mplied agreement鈥� by the employer that the end date has changed. The employer still needs to give proper notice if they want to dismiss the worker. Example If a contract was for 1 month but the employee actually worked for 3 months, they鈥檇 still be entitled to the minimum notice period (1 week). The limit on renewing a fixed-term contract Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so. However, an employer and unions (or a staff association) may make a collective agreement that removes the automatic right to become a permanent employee in these circumstances. Renewing a fixed-term contract on less favourable terms If an employer wants to do this, the employee can negotiate with them to reach an agreement. If the contract ends and they have been unable to reach an agreement, the employee may be able to claim unfair dismissal . Ending the contract early Employees must hand in their notice 1 week in advance if they鈥檝e worked for an employer for a month or more. The contract may state that they need to give more notice.

Fixed-term employment contracts: What counts as a fixed-term contract

Fixed-term employment contracts

What counts as a fixed-term contract

Employees are on a fixed-term contract if both of the following apply:

they have an employment contract with the organisation they work for
their contract ends on a particular date, or on completion of a specific task, eg a project

Workers don鈥檛 count as fixed-term employees if they:

have a contract with an agency rather than the company they鈥檙e working for
are a student or trainee on a work-experience placement
are working under a 鈥榗ontract of apprenticeship鈥�
are a member of the armed forces

They may be a fixed-term employee if they鈥檙e:

a seasonal or casual employee taken on for up to 6 months during a peak period
a specialist employee for a project
covering for maternity leave

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Fixed-term employment contracts

What counts as a fixed-term contract

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