Make it clear in your job offer, and in any written statement, how long the employment is intended to last. Employees who are taken on for less than one month are not entitled to a written statement of terms. However, if you take someone on for more than one month they are entitled to a written statement.
The Fixed Term (Prevention of Less Favourable Treatment) Regulations are, as the name suggests, aimed at preventing less favourable treatment of fixed term employees. No minimum limit as to what constitutes a fixed term employee has been set, so it could include employees on very short-term contracts. These regulations came into force in October 2002.
Be aware that if a temporary worker is employed for long enough, he (or she) may be able to claim permanent status, and if so will be entitled to compensation when the employment comes to an end. But if the worker is employed through an agency, and:
- the provision of work by the employer to the worker;
- the employer's payments to the agency; and
- the performance of work for the employer by the worker
are all explained by the contracts between (1) the worker and agency, and (2) the employer and agency, the courts will not imply the existence of another contract - an employment contract between the worker and the employer - unless it is necessary to do so to give business reality to the relationship between the parties.
If a fixed term worker has his contract renewed, or is re-engaged on a new fixed term contract when he already has a period of four or more years of continued service, the contract takes effect as a permanent contract unless employment on a fixed term contract is objectively justified, or the period of four years has been lengthened under a collective or workplace agreement. Service prior to 10 July 2002 does not contribute towards this period of four years.
