Do not use Fixed Term Contracts to Cover Permanent Roles

Do not use Fixed Term Contracts to Cover Permanent Roles


  • Date: Wednesday 14th December 2016

Fixed term contracts can make a really useful addition to your core staffing, employing people for project support or to add some additional expert knowledge without long term commitment.

 

Most UK employers are already aware that fixed term contracts should not be used where a position is deemed permanent and that piece-meal extensions can indicate permanent employment.

 

In Spain, however, successive fixed terms contracts have only recently been challenged. Now the European court of justice confirmed that, where services are not temporary, auxiliary or extraordinary, fixed term contracts may not be appropriate.

 

In the UK, any employee who has been on consecutive fixed terms contracts for more than 4 years is automatically deemed a permanent employee.

 

However, since full employment rights apply after a period of 2 years, watch out for hidden issues regarding dismissal procedures or equal pay.

 

Source: SSG - Manuela Grossmann


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