Human Resources

3.0    Guidance

The information contained in this section reflects legal guidance and good practice which are designed to support the implementation of the policy.

3.1    Legal Requirements

The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 provide protection for fixed term staff in the following areas:

  • The right not to be treated less favourably than a comparable open-ended employee in respect of contractual terms and conditions nor to be subject to any other detriment on the grounds of their employment status as a fixed-term member of staff;
  • The right to a statutory redundancy payment (for staff with over 2 years’ continuous service) where the expiry of a FTC gives rise to a redundancy situation;
  • Limiting the use of successive FTCs unless the continued use of a FTC can be justified on objective grounds; and
  • The right to be informed of open-ended vacancies within the College.

Where it is not possible to provide an objective justification, the contract will be deemed to be open-ended.

3.2    Employment Rights of Fixed-Term Staff

All staff on a FTC will:

  • Have the same pay and conditions as staff in equivalent roles on open ended contracts;
  • Have the same or equivalent benefits package;
  • Have access to a College pension scheme;
  • Be informed about open-ended employment opportunities at the College;
  • Have protection against selection for redundancy or dismissal purely on the basis of their fixed-term status, unless there is objective justification for doing so.

HR will keep a record of all FTC dismissals to ensure the statutory consultation requirements are met.

Birkbeck reserves the right to review, revise, amend or replace the content of this policy and / or introduce new policies from time to time, subject to good practice principles of consultation where applicable, to reflect the changing needs of the College and to take account of changes in legislation.

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The HR team is based on the first floor of Egmont House
Postal address: Human Resources, Birkbeck, University of London, Malet Street, London WC1E 7HX