DAVID ROYDEN - EMPLOYMENT SOLICITOR
UK EMPLOYMENT LAW

David Royden is a Partner with Laytons Solicitors and Head of Employment Law, Manchester, UK

Laytons Solicitors is a national law practice specialising in all aspects of Company and Commercial Law

Laytons Solicitors, 22 St John Street, Manchester M3 4EB.
Tel: +44 (0) 161 834 2100
Fax: +44 (0) 161 834 6862

Offices at London, Manchester and Guildford, UK

 

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Dismissal relating to the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

The aim of the Regulations, which came into force on 1 October 2002, is to ensure that fixed-term employees are not treated less favourably than comparable permanent employees on the grounds that they are fixed-term employees, unless this is objectively justified. Fixed-term employees who believe that they have been treated in a manner which infringes the Regulations have the right to make a request in writing to receive, within twenty-one days, a written statement from their employer giving the reasons for the treatment.

Employees will be held to be unfairly dismissed (or selected for redundancy), regardless of age or length of service, if the reason, or the main reason, for the dismissal is that:

  • they exercised or sought to enforce rights under the Regulations, refused to forgo them or alleged that the employer had infringed them; requested a written statement; or that
  • they gave evidence or information in connection with proceedings brought by an employee under the Regulations; or that
  • they performed or proposed to perform any functions or activities as a representative of the workforce for the purposes of a workforce agreement under the Regulations, or a candidate to become such a representative, or declined to sign such an agreement; or that
  • the employer believed the employee intended to do any of these things.

Employees are also protected from detrimental treatment which falls short of dismissal for these reasons.

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