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Fixed term employee earns rights of permanent employee

04 February 2010

In a pioneering case we acted successfully for a claimant in a case against his employer, a government organisation, which assisted a fixed term employee to obtain protection under existing, but infrequently used, legislation. Our client had been working for his employer on fixed term contract for 12 years. His work had all been related to a single project and his employer argued they were free to terminate his employment on the conclusion of that project.
In this case the employment tribunal accepted our argument that our client’s employer undertakes a lot of other projects which our client could be easily transferred to, and that his skill set was not specific to the project he had been working on. The Tribunal was persuaded by us to use the little-used legislation protecting the rights of workers, which allows a fixed term contract to be converted to a permanent contract after 4 years of continuous fixed terms.