Flexibility and Fairness
Measures in the Act implemented the EC Directive on fixed-term work and will prevent pay and pension discrimination against fixed term employees.
- Right for fixed-term employees not to be treated less favourably than similar permanent staff working for the same employer will ensure flexible work pays.
- Employers will need some flexibility to address individual circumstances when applying the equal treatment requirement to fixed-term employees. Different treatment may be justified on objective grounds or where the fixed-term employee has an overall package equal to a similar permanent employee.
- Limits on the use of successive fixed-term contracts will ensure that people are not on a string of contracts in what is really a permanent job, while allowing for sectoral variations.
The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force on 1 October 2002. Guidance on the new regulations has been produced after feedback from stakeholder groups.