Fixed-term employment contracts

Printable version

1. 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 don바카라 사이트™t count as fixed-term employees if they:

  • have a contract with an agency rather than the company they바카라 사이트™re working for
  • are a student or trainee on a work-experience placement
  • are working under a 바카라 사이트˜contract of apprenticeship바카라 사이트™
  • are a member of the armed forces

They may be a fixed-term employee if they바카라 사이트™re:

  • 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

2. Employees' rights

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 바카라 사이트˜objective justification바카라 사이트™.

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 Sam바카라 사이트™s 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, they바카라 사이트™re only entitled to the same rights as permanent staff working for the same employer, and not an associated employer바카라 사이트™s organisation.

Anyone who바카라 사이트™s 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 they바카라 사이트™re still not satisfied, they can ask their employer for a written statement explaining their treatment, or complain using the employer바카라 사이트™s grievance procedure.

Their final option is to make a claim to an employment tribunal.

3. 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 doesn바카라 사이트™t have to give any notice.

If a contract isn바카라 사이트™t renewed

This is considered to be a dismissal, and if the employee has 2 years바카라 사이트™ service the employer needs to show that there바카라 사이트™s a 바카라 사이트˜fair바카라 사이트™ 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 years바카라 사이트™ service - for employees who were in employment before 6 April 2012, it바카라 사이트™s 1 year바카라 사이트™s service
  • to a written statement of reasons for not renewing the contract - after 1 year바카라 사이트™s service

They may be entitled to statutory redundancy payments after 2 years바카라 사이트™ 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 they바카라 사이트™ve worked continuously for at least 1 month
  • 1 week for each year they바카라 사이트™ve worked, if they바카라 사이트™ve 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 contract바카라 사이트™s end date

If an employee continues working past the end of a contract without it being formally renewed, there바카라 사이트™s an 바카라 사이트˜implied agreement바카라 사이트™ 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, they바카라 사이트™d 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 they바카라 사이트™ve worked for an employer for a month or more. The contract may state that they need to give more notice.