Fixed Term Employees and Unfair Dismissals
When an employee is engaged on successive fixed-term contracts it is important to bear in mind that the unfair dismissals legislation will apply in addition to the fixed-term work legislation. The clause that excludes the application of the unfair dismissals legislation upon the natural expiry of the contract may only be relied upon in the first contract in a succession of fixed-term contracts. It is important to note that in a situation where an employee has two or more successive fixed-term contracts and has over 12 months continuous service, the provisions of the unfair dismissals legislation will give protection to a fixed-term worker upon termination of the fixed-term worker’s contract. If the termination is not a result of a resignation or redundancy, i.e., the position no longer exists, the employer may be exposed to a claim under the Unfair Dismissals Acts 1977 to 2007 if it cannot be shown that the dismissal was not unfair.
A Guideline on Fixed-Term Workers can be downloaded by clicking here.
Members who have any queries on fixed term or specified purpose contracts should contact a member of the SFA team on 01- 605 1633 / 1664 / 1668 or email firstname.lastname@example.org.