We have an employee who was employed under a fixed term contract for 6 months which was renewed for a further three months. The post is now being made permanent. Can we automatically offer it to this employee or do we need to advertise externally?

Posted in : First Tuesday Q&A NI on 5 March 2019
Johanna Cunningham
Arthur Cox

Employees engaged under fixed term contracts have certain rights from the outset of their employment, as contained within the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 (“FTER 2002”); for example, the right not to be treated less favourably than a comparable permanent employee. 

Other rights accrue after a particular time period, for example, the right not to be unfairly dismissed will accrue after one year’s continuous service either via one fixed term contract or a series of back-to-back fixed term contracts.

Whilst not applicable

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

Back to Q&A's This article is correct at 05/03/2019
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Johanna Cunningham
Arthur Cox

The main content of this article was provided by Johanna Cunningham. Contact telephone number is Johanna Cunningham or email belfast@arthurcox.com

View all articles by Johanna Cunningham