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Employment law query - urgent

Pete C
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Pete at CAB

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Total Posts: 556

Joined: 18 June 2010

A bit outside my usual field but I wonder if anyone can point me in the right direction.

If a person has been appointed to ‘temporary’ post and that temporary contract has continued unaltered for four years have they gained the same rights as a permanently contracted person?

If they have gained such rights at what point in time did they gain them and under what legislation?

many thanks
Pete.

Sharon M
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Derbyshire County Council

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You could look under Fixed Term Contract law.

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

http://www.legislation.gov.uk/uksi/2002/2034/contents/made

http://www.compactlaw.co.uk/free-legal-articles/fixed-term-employees-regs-2002.html

shawn mach
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rightsnet.org.uk

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Joined: 14 April 2010

found these -

‘Any employee on a fixed term contract for 4 or more years may automatically become a permanent employee, unless the employer has a good business reason not to do so, or a collective agreement removes the right.’

http://www.acas.org.uk/index.aspx?articleid=4587

‘If an employee continues working past the end of a contract without it being formally renewed, there’s an ‘implied agreement’ by the employer that the end date has changed ...

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.’

https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

... and i see from Sharon’s 2nd link that -

‘... the use of successive fixed-term contracts will be limited to four years unless the employer can justify the use of further contracts on objective grounds.

... There is no limit on the duration of the initial fixed-term contract. However, if it is for more than four years and it is then renewed, it will be treated as a permanent contract, (unless the employer can show objective justification).’