Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/2034 |
| Year | 2002 |
(1) These Regulations may be cited as the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and shall come into force on 1st October 2002.on the expiry of a specific term,on the completion of a particular task, oron the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him,employed by the same employer, andengaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualification and skills; andthe permanent employee works or is based at the same establishment as the fixed-term employee or, where there is no comparable permanent employee working or based at that establishment who satisfies the requirements of sub-paragraph (a) , works or is based at a different establishment and satisfies those requirements.(2) For the purposes of paragraph (1) , an employee is not a comparable permanent employee if his employment has ceased.as regards the terms of his contract; orby being subjected to any other detriment by any act, or deliberate failure to act, of his employer.any period of service qualification relating to any particular condition of service,the opportunity to receive training, orthe opportunity to secure any permanent position in the establishment.the treatment is on the ground that the employee is a fixed-term employee, andthe treatment is not justified on objective grounds.(4) Paragraph (3) (b) is subject to regulation 4.(5) In determining whether a fixed-term employee has been treated less favourably than a comparable permanent employee, the pro rata principle shall be applied unless it is inappropriate.(6) In order to ensure that an employee is able to exercise the right conferred by paragraph (1) as described in paragraph (2) (c) the employee has the right to be informed by his employer of available vacancies in the establishment.(7) For the purposes of paragraph (6) an employee is “informed by his employer” only if the vacancy is contained in an advertisement which the employee has a reasonable opportunity of reading in the course of his employment or the employee is given reasonable notification of the vacancy in some other way.(1) Where a fixed-term employee is treated by his employer less favourably than the employer treats a comparable permanent employee as regards any term of his contract, the treatment in question shall be regarded for the purposes of regulation 3(3) (b) as justified on objective grounds if the terms of the fixed-term employee’s contract of employment, taken as a whole, are at least as favourable as the terms of the comparable permanent employee’s contract of employment.(2) Paragraph (1) is without prejudice to the generality of regulation 3(3) (b) .(1) If an employee who considers that his employer may have treated him in a manner which infringes a right conferred on him by regulation 3 requests in writing from his employer a written statement giving particulars of the reasons for the treatment, the employee is entitled to be provided with such a statement within twenty-one days of his request.(2) A written statement under this regulation is admissible as evidence in any proceedings under these Regulations.that the employer deliberately, and without reasonable excuse, omitted to provide a written statement, orthat the written statement is evasive or equivocal,(4) This regulation does not apply where the treatment in question consists of the dismissal of an employee, and the employee is entitled to a written statement of reasons for his dismissal under section 92 of the 1996 Act (1) An employee who is dismissed shall be regarded as unfairly dismissed for the purposes of Part 10 of the 1996 Act (2) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, of his employer done on a ground specified in paragraph (3) .brought proceedings against the employer under these Regulations;requested from his employer a written statement under regulation 5 or regulation 9;gave evidence or information in connection with such proceedings brought by any employee;otherwise did anything under these Regulations in relation to the employer or any other person;alleged that the employer had infringed these Regulations;refused (or proposed to refuse) to forgo a right conferred on him by these Regulations;declined to sign a workforce agreement for the purposes of these Regulations, ora representative of members of the workforce for the purposes of Schedule 1, ora candidate in an election in which any person elected will, on being elected,
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