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first_imgData fileOn 12 Mar 2002 in Personnel Today Our continuing series of articles which give the basics on key areas ofemployment legislationFixed-term employeesThe hard factsThe Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations2002 are due to come into force on 10 July 2002. The regulations will prohibitemployers from discriminating against fixed-term employees and limit the use ofsuccessive fixed-term contracts. The regulations are being introduced as secondary legislation under theEmployment Bill and will implement the EC Directive on Fixed Term Work. The main changes The main changes that the regulations will introduce are: – A right not to be treated less favourably than those on permanentcontracts, unless the treatment can be objectively justified – A right to receive a written statement of reasons within 21 days ofrequest if a fixed-term employee believes he has been less favourably treated – An obligation on employers to advertise permanent vacancies in a mannerreasonably likely to come to fixed-term employees’ attention– The use of successive fixed-term contracts will be limited to a maximum offour years, subject to limited exceptions– Fixed-term employees will no longer be entitled to waive their right to astatutory redundancy payment and– A dismissal of an employee seeking to enforce rights under the Regulationswill be automatically unfair. Who will the regulations apply to? – All employees who are employed on fixed-term contracts, so it does notcover the wider category of ‘workers’ used in other discrimination legislation.Agency workers, apprentices, government-supported training schemes and thearmed forces are excluded. Pay and pensions – After the initial consultation, the Government has decided that thenon-discrimination principle in the regulations will cover pay and pensions.Accordingly, it will become unlawful for occupational pension schemes toexclude employee who are on fixed-term contracts from membership if comparablepermanent employees are eligible, unless it can be objectively justified. Part-time and agency workers – As a result of the regulations, the Part-time Workers (Prevention of LessFavourable Treatment) Regulations 2000 will be amended on 30 June 2002 toabolish distinction between fixed-term and open-ended contracts. – It has been widely reported that the EU is putting together proposals togive temporary/agency workers equivalent employment rights to permanentemployees. CBI comment is at: http://www.cbi.org.uk/home.htmlReading around the subject – The first consultation took place last year, and the Government responseto it can be found at: http://www.dti.gov.uk/er/fixed/response.htm– Final consultation is now in progress, and the deadline for responses is15 April 2002. The consultation document (including explanatory notes) is at: http://www.dti.gov.uk/er/fixed/consult2.htmIn the news – Equal Opportunities Commission comment on the Regulations: http://www.eoc.org.uk/cseng/legislation/legal_developments.asp– CBI comment on the proposals implemented under the Employment Bill: http://www.cbi.org.ukBy Claire Hughes at Wragg & Co Previous Article Next Article Related posts:No related photos. Comments are closed. last_img

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