| Commentary

(4) Objective justification

| Commentary

(4)     Objective justification

If an employer can demonstrate that there are objective grounds justifying less favourable treatment of fixed term employees, the right to be treated no less favourably will not apply (FTE Regs SI 2002/2034 reg 3(3)(b)). Without prejudice to this, where the 'term-by-term' comparison throws up provisions which are less favourable in the case of the fixed term employee as compared with a permanent employee, an employer can treat the differences as justified on objective grounds if the terms of the fixed term employee's contract of employment, taken as a whole, are at least as favourable as the terms of the comparable permanent employee's contract of employment (reg 4). This provision for a 'package approach' (particularly important where, for example, a fixed-termer's pay rate is actually higher than that of the comparator to make up for

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