Fixed Term (Part Time) Employment Contract
The Fixed Term (Part Time) Employment Contract is designed to be used for a variety of different jobs where the employee is taken on for a defined or fixed term, on a part time basis.
Fixed term employees are protected by the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations, so it is important to use a properly drafted contract reflecting this.
The contract offers three alternative ways to set the fixed term, by a fixed number of months or years, by reference to the completion of a specified project, or by reference to the return to work of a named employee, following maternity leave or sick leave.
During the fixed term, the contract can be terminated by either party giving notice. This allows the employer to terminate the fixed term contract early without facing a potential claim for damages equivalent to the pay and benefits the fixed term worker would have received up to the time the contract was due to end. However, in all cases of dismissal the employer must always have a valid reason for the dismissal that the employer can justify and also the employer must have acted reasonably in the circumstances. In such circumstances it is advisable to seek legal advice to ensure that the dismissal is justified in the circumstances to avoid a potential claim for unfair dismissal.
In addition to the special provisions relating to the duration of the contract, the Fixed Term Contract (Part Time) contains all the usual provisions relating to sickness, holidays, remuneration, pensions and retirement etc. There is a probationary period. Lastly, there is a ‘mobility clause’ stating that the employee can be required to travel on business within the UK.
The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.