Labour Research August 2008

Law Queries

Temporary contracts

Q: We have a member who has been on successive temporary contracts for two years. Does he get any employment protection if it is not renewed again?

A: Non-renewal of a fixed term contract is not “less favourable treatment” for the purpose of the Fixed term Employees (Prevention of Less Favourable Treatment) Regulations 2002.

However, a non-renewal of a fixed term contract is still a “dismissal” in law so the employer has to give a reason for not renewing it, and hold a meeting to discuss it.

If the reason is redundancy and your member has reached two years’ continuous service he will be entitled to redundancy pay.