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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44941
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon, I have been employed full-time by a local

Customer Question

Good afternoon,
I have been employed full-time by a local authority since November 2011, on a temporary contract. The contract was initially for a few months, but has simply continued with no fixed end date. As it has been over 2 years I understand that i have unfair dismissal rights and redundancy rights. However I have been advised that temporary staff only get statutory minimum redundancy, compared to permanent staff who get 1.5 wks for every yr of service. As a temporary member of staff i have also not been entitled to any staff training. I feel that this is unfair and therefore do I have a case for unfair discrimination? Thank you.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Were you on fixed term contracts for a specific length of time, or was it just a temporary contract with no specific end date?

Ben Jones :

Hi, not sure if you got my initial query above - Were you on fixed term contracts for a specific length of time, or was it just a temporary contract with no specific end date?

JACUSTOMER-k9cgq61b- :

Hello Ben, The contract was initially until 31/3/12, and was been extended with no fixed end date. After my 2 yrs, HR advised my line manager to move me onto a fixed term contract, alothugh this has not been done.

Ben Jones :

Thanks for getting back to me. I would say that you were initially on a fixed term contract because it had a fixed end date and as it was not renewed, you would have simply continued working on the same terms for an indefinite period. Now the issue with the difference in pay is that to claim discrimination you can only do so if you can show you were treated unfairly due to a protected characteristic and these would only include things like age, gender, race, religion, disability, etc. There is no discrimination if you were treated less favourably because you were a temporary worker. There is protection for detrimental treatment against part time workers (when compared to full time workers, although this is not the same as temporary against permanent workers) and also against fixed term employees.

So the only way to challenge this is to argue that you were initially employed on a fixed term contract, which due to not being officially renewed would have simply carried on with a deferred end date, meaning you would still technically be on a fixed term contract, just with no specific end date. So if the difference in redundancy pay is due to your fixed term contract status, it could amount to detrimental treatment against fixed term employees, which is unlawful under The Fixed Term Workers Regulations. However, that would only work if the reason for being treated less favourable is your fixed term status, which is not the same as being a temporary worker because that could just be a casual contract and there is no protection against such contracts, it is only fixed term contracts that are protected.

JACUSTOMER-k9cgq61b- :

Thank you Ben,

Ben Jones :

you are most welcome

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