Excluded fixed-term job not counted for continuity (News, 15 November 2012)

Article summary

The Fixed-Term Employee (Prevention of Less Favourable Treatment) Regulations 2002 contain a mechanism whereby an employee who has been continuously employed for four years or more under a succession of fixed-term contracts may be converted by operation of law into a permanent employee. Various types of fixed-term employment are expressly excluded from the protections of the regulations, eg contracts for certain training or work experience schemes. Where a fixed-term employee ends up under a fixed-term contract that is covered by the regulations, any time served earlier under previous fixed-term contracts that fell within one of the excluded categories will not count towards the four-year qualifying period necessary to gain permanent status. Court of Appeal: Hudson v Department for Work and Pensions.