Fixed-term Work

Traditionally, employment protection legislation has been geared towards individuals with regular full-time jobs working under open-ended contracts of employment. However, working patterns have changed significantly in recent years, and there has been a marked increase in the number of individuals whose working arrangements are ‘atypical’. One such arrangement involves the use of fixed-term contracts.

Despite the growth in the use of fixed-term contracts, many employment rights have been confined to individuals with traditional working arrangements. This led to concerns at a European level that fixed-term workers were being less favourably treated than those on open-ended or 'permanent' contracts. These concerns resulted in the adoption of the Fixed-Term Work Directive in June 1999, which establishes a general framework for improving the quality of fixed-term work by protecting fixed-term workers from discrimination and preventing abuse arising from the use of successive fixed-term employment contracts or relationships.

On 1 October 2002 the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 SI 2002/2034 came into force. The Regulations implement the EC Fixed-Term Work Directive (No.99/70) and give effect to S.45 of the Employment Act 2002 ... more about the Regulations.

The aim of this Supplement is to provide a clear and concise account of the new law governing fixed-term work and is arranged as follows:

• Chapter 1 examines the scope and coverage of the Fixed-Term Regulations
• Chapter 2 explains the principle of equal treatment and the accompanying right to be informed of any available vacancies.
• Chapters 3 and 4 are concerned with the enforcement of rights under the Regulations as well as the changes made under the Regulations to unfair dismissal and redundancy law and to the right not to suffer a detriment.
• Chapter 5 looks at the new provisions aimed at preventing abuse arising from the use of successive fixed-term employment contracts or relationships.
• Chapter 6 considers a number of miscellaneous matters covered by the Regulations not dealt with elsewhere in the Supplement.

It was published in January 2003 and covers the law as at 31 December 2002.