Labour Research December 2002

Features: Law queries

Law queries

One of my members has been working on a series of fixed-term contracts over a number of years. Normally these are renewed for a year at a time. However, the most recent contract, issued in July was for six months only. My member wants to know whether her employer has to give her notice before the end of the contract. She also wants to know if she has to be given notice of whether or not the contract will be renewed.

Where a contract is for a fixed-term there is no obligation on the employer to give notice to end it. However, termination of a fixed-term contract amounts in law to a dismissal and if your member has continuous service she should, as a minimum, have the right to redundancy pay, provided she has not signed a clause "waiving" her right to it. Although new waivers are outlawed with effect from 1 October 2002, existing clauses remain in force.

* More information: LRD booklet, Temporary workers - a guide to the new law