Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

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Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
Text of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
Statutory Instrument
Parliament of the United Kingdom
Citation	SI 2002/2034

The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) are a UK statutory instrument aimed at protecting employees who have fixed-term contracts of employment. The regulations are in part intended to implement the European Union's Fixed-term Work Directive 1999 (99/70/EC) on fixed term workers.^[1]

They came into effect on 1 October 2002.^[1]

Law

The principle of the Directive on which the Regulations are based is that a person with a fixed-term contract should not be treated less favourably than a comparable permanent co-worker.

Implementation

It is argued ^{[by whom?]} that the Regulations fail adequately to implement the requirements of the directive, because they do not protect the full range of "workers" that the directive refers to. In UK labour law, the definitions of "worker" and "employee" are not the same (see s.230 Employment Rights Act 1996), and the concept of a "worker" is considered broader. But the Regulations are said to apply merely to the more limited category of "employees".

Also, r.2(2) provides that "an employee is not a comparable permanent employee if his employment has ceased". But in a decision by the European Court of Justice, Macarthy v. Smith [1980] ECR I-01275, it was held that a woman could compare herself for the purpose of Art. 119 of the EC Treaty (now Art. 141, the equal treatment provision on which the FTW Directive is based) with her predecessor in employment.

v t e Sources on atypical work
Part-time Workers Directive 97/81/EC
Part-time Workers Regulations 2000 (SI 2000/1551)
Matthews v Kent and Medway Fire Authority [2006] UKHL 8
O'Brien v Ministry of Justice [2013] UKSC 6
Fixed-Term Work Directive 99/70/EC
Fixed-term Employees Regulations 2002 (SI 2002/2034)
Adeneler v Ellinikos Organismos Galaktos (2006) C-212/04
Del Cerro Alonso v Osakidetza (2007) C-307/05
Employment Agencies Act 1973 (c 35)
Employment Agencies Regulations 2003 (SI 2003/3319)
Gangmasters (Licensing) Act 2004 (c 11)
Temporary and Agency Work Directive 2008/104/EC
Agency Workers Regulations 2010 (SI 2010/93)
Dacas v Brook Street Bureau (UK) Ltd [2004] EWCA Civ 21
James v Greenwich LBC [2008] EWCA Civ 35
see UK agency, part time and fixed term work

UK labour law
Adeneler v Ellinikos Organismos Galaktos [2006] IRLR 716 (C-212/04) on objective justification for use of fixed-term contracts disclosing a genuine need, and measures employed are proportionate to that aim, and twenty days is too little to break continuity
Del Cerro Alonso v Osakidetza (2007) C-307/05, [2008] ICR 145

Notes

^ ^a ^b UK Legislation Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, SI 2002/2034, Explanatory Note

References

Aileen McColgan, 'The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002: Fiddling While Rome Burns?' [2003] 32 ILJ 194

External links

Directive 99/70/EC on Fixed term workers
- Implemented under Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, SI 2002/2034
Directive 97/81/EC on Part-time workers
- Implemented under Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551
Proposed directive on Agency workers COD 2002/0149
- Temporary and Agency Workers (Equal Treatment) Bill 2007, a proposal which has currently (13/3/2008) passed its second reading. The government has announced it wishes to find a common European solution.

UK labour statutes

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Law

Implementation

See also

Notes

References

External links