Fixed-term employee

A. On the face of it, yes. The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 provide for the right to a permanent contract in certain circumstances.

If you have been continuously employed for four years under a fixed-term contract, or a succession of fixed-term contracts, you may be deemed a permanent employee. A fixed-term contract will only become permanent under this rule once it has been renewed.

You need to show that you have four years’ continuous employment. If you have had a gap of a week or more, you will not be entitled to the permanent status.

If your employer can show that use of a fixed-term contract is objectively justified, your employment will not be deemed permanent. If the employer’s needs are temporary, continued use of the fixed-term contract may be justified.

You have the right to request a written statement from your employer explaining why your contract has remained fixed term, or asking for confirmation that it is now permanent. If your employer fails to provide this statement, you may apply to the Employment Tribunal for a declaration. Please note, the regulations provide for collective agreements to vary some of these rules.