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
Arthur Cox
Arthur Cox
Issues covered:

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 in this case, it is worth noting that, after four years continuous employment with the relevant

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

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.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email belfast@arthurcox.com

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