Rights of fixed-term and temporary employees
Fixed-term and temporary employees are entitled to the same terms and conditions as comparable permanent employees. There may be grounds to apply different terms where there is an objective reason for doing this. Managers should discuss this with HR.
The fixed-term employees (Prevention of Less Favourable Treatment Regulations 2002) give fixed-term or temporary employees rights, including:
- not to be treated less favourably than a comparable employee on a permanent contract. This applies to pay and contractual terms and conditions
- the opportunity to receive training
- not to be subject to any detriment on the grounds of status
- entitlement to a statutory redundancy payment where the dismissal of a fixed-term or temporary contract gives rise to a redundancy situation. This does not usually apply if the dismissal is for 'some other substantial reason'. This could include if the person was brought in to provide temporary cover, generally for less than two years
- not to be selected for redundancy, or be unfairly dismissed, if the principal reason is that they are on a fixed-term contract
- limiting the use of successive fixed-term contracts to no more than four years. After that time a fixed-term or temporary contract should become permanent. This will not apply if the continued use of a fixed-term contract is justified on objective grounds
- to be informed of, and have access to, information about permanent employment opportunities within the organisation
We may exceptionally justify different terms and conditions for employees on fixed-term or temporary contracts.
The same policies and procedures apply to a fixed-term or temporary contract holder as to permanent employees. This includes, but is not limited to:
- probationary periods
- the appraisal process
- adhering to our code of conduct
- disciplinary
- capability
- sickness attendance
- the right to raise a grievance
Managers have an essential role in protecting and improving the health and wellbeing of their employees. This includes those on a fixed-term or temporary contract.
Fixed-term or temporary contract holders will benefit from policies which support this. This includes flexible working and learning and development. They are eligible as per the family leave policy to:
- maternity
- adoption
- paternity
This is on condition that they satisfy the eligibility criteria.