Fixed Term Workers

Q        We need to employ someone to cover a period of maternity leave but are concerned that our pregnant employee may wish to return before the end of her full maternity leave.  What can we do to avoid having two people being employed to do the same job?

A        It is important to put a break clause in the fixed term contract of employment, to make it clear that although the fixed term contract is for a set period, for example 52 weeks, if the original post holder wishes to return to work before the end of her full maternity leave you reserve the right to terminate the fixed term contract.  You will, of course, still be bound to give notice in line with statutory entitlements.

Q        We are employing someone on a 3-month contract to undertake a specific project.  Can I offer them different terms and conditions of employment to my permanent staff?

A        No, not unless you can objectively justify it.  Fixed Term Workers cannot be treated less favourably than a comparable permanent member of staff and should therefore be subject to the equivalent terms and conditions of employment.  There are, however, occasions where it is acceptable to offer slightly different terms.  For example, if the level of position would normally include a company car but it is impractical to provide one for a 3-month period, you can offer an enhanced salary payment equivalent to providing a car.

See also:

• Contract of Employment

• Maternity