The Protection of Fixed term and part time workers has been regulated by statute for some time now, however the laws are complex and unwieldy. We are seeing more and more of these claims particularly in the Public Sector.
There is a place for Fixed term contracts, however as a fixed term worker you are entitled to be treated in the exact same manner as your permanent colleagues. Employers cannot use fixed term contracts to avoid an employee’s right to a contract of indefinite duration or permanent contract.
Similarly part time workers should not be treated differently simply because of their part time status. Read on to find out more about your rights…
Protection of Fixed Term and Part Time Employees
Protection of Fixed Term Employees
The Protection of Employees (Fixed Term Work) Act 2003 was introduced on the 14th July 2003.
The main purpose of this Act is to ensure that fixed term workers are not treated less favourably than comparable permanent workers.
This Act defines a fixed term employee as a person who has entered into a contract of employment with an employer where the end of the contract is determined by an objective condition such as arriving at a specific date or completing a specific task.
The Act provides that a fixed term employee shall not be treated in a less favourable manner in respect of his/her conditions of employment than a comparable permanent employee. For example overtime paymentsand holiday entitlements.
Fixed term employees must be aware that under this Act an employer cannot employ an employee on a series of fixed term contracts indefinitely.
Once a fixed term employee completes or has completed three years continuous employment with the employer, the employer may then only renew the contract for a fixed term on one occasion only and that renewal may be for a period for no longer than one year.