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Ask the expert: Successive fixed term contracts

Posted by Adam Partington, Esther Smith in Employment law on Tue, 17/08/2010 - 09:24

This week the experts, Adam Partington and Esther Smith, advise on whether you can justify fixed term contracts.

The question: Justifying fixed term contracts

What is deemed to be an objectively justified reason for using successive Fixed Term Contracts?

We have several staff on Fixed Term Contracts. I know that employees on fixed-term contracts have the right to convert to permanent employment once they have worked under one or more fixed-term contracts for four years, unless the employer can objectively justify continuing to offer work on a fixed-term basis only.

One of our posts is funded externally by the government, so if we get the funding we renew the fixed term contract. We are now in the 5th year of using a FTC to the post-holder.

Is reliance on external funding an objectively justified reason for using successive FTCs? Or do we now have to confirm her in post as a permanent employee?

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Editor's Welcome

Hello! And welcome back as we enter 2012, with a busy year ahead of us all. With talk of double-dip recessions, a possible partial or even full break-up of the Eurozone and unemployment rates set to hit nearly 9%, topics such as organisational streamlining, staff resilience and talent management are likely to be on many an HR professional's lips over the next 12 months.

But to lighten the gloom here in the UK, we also have the Queen's Diamond Jubilee and its attendant public holidays to look forward to at the start of June. Followed by two weeks of Olympic Games from 27 July to 12 August and the Paralympics from 29 August to 9 September, each generating their own excitement, but also issues to work through for hard-pressed HR departments trying to sort out the multifarious staffing issues in advance.

So with an interesting but challenging year to come, HRZone promises to be with you, supporting you all the way and providing our usual insightful blend of news, analysis, community blogs and expert comment to help you sort the wheat from the chaff. As ever, we love to hear from you too so feel free to either post your words of wisdom to our blog section yourself or, in the case of longer, more in-depth ‘expert voice’ articles, drop me a line with any ideas to cath.everett@siftmedia.co.uk.....

Cath Everett

HRZone Editor

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