Fixed Term/ Seasonal Contracts

An FTC ends when:

• A specific time period (e.g. 6 months) is reached
• A specific date is reached
• The occurrence or non-occurrence of an event (e.g. return from maternity leave)
• The completion of a specific task (e.g. sale of a company)

• Minimum: 3 weeks paid leave per year (pro-rated if less that 52 weeks)
• Leave on Public and Bank Holidays or days off in lieu
• Pro rata leave applies after 28 days of work:
  • Example: 1.67 days/month for a 20-day annual entitlement
  • Unused leave is paid out; excess leave taken is repayable

• If pay is regular, holiday pay equals regular wage
• If pay is variable, use average hourly rate over 52 weeks
• If hours vary, use average weekly hours and rate over 52 weeks
• If insufficient data, calculate fairly; minimum wage prevails

• FTCs with breaks of less than 26 weeks count as continuous employment
• The break itself does not count toward service length

• No notice periods are set down in law for FTCS of less than 13 weeks, therefore if required specify in the contract
• Without notice clause, employer may owe full salary even if no work is available 
• Statutory notice applies if:
  • FTC less than 4 weeks but continues more than 13 weeks
  • FTC expected to be less than 13 weeks but extends beyond that

• Non-renewal of FTC = dismissal, unless job ends (i.e. redundancy)
• Employer must prove genuine redundancy
• FTC employees may qualify for unfair dismissal protection if: 
  • Dismissed for conduct, capability, legal restrictions, or other substantial reasons

• 52 weeks’ continuous service required to claim unfair dismissal •
• Automatic unfair dismissal applies regardless of service if due to:
  • Trade union activity
  • Asserting statutory rights
  • Discrimination
  • Pregnancy/maternity
  • Representation rights

• Applies to FTCs
• If the FTC ends (under the stated terms) during stage of parental leave any pay and other terms and conditions end at that point

• With notice: date notice expires
• Without notice: date of termination
• FTC expiry: actual expiry date