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