Fixed-term employees and redundancy

[ch 3: page 46]

Pregnant employees on fixed-term contracts (temporary employees) have the same protection against discrimination in redundancy as permanent employees. Otherwise, it would be all too easy for employers to get around pregnancy and maternity protection by engaging fixed-term employees.

Not renewing a fixed-term contract because the employer needs fewer employees to carry out work of a particular kind is a redundancy situation (Pfaffinger v City of Liverpool Community College [1996] IRLR 506).

Targeting fixed-term employees for redundancy before permanent staff is also likely to be indirect sex discrimination, as temporary employees are more likely to be women (Whiffen v Milham Ford School [2001] IRLR 468).

Fixed-term employees have other important rights in the context of redundancy under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (FTER). The FTER entitle fixed-term employees to equal treatment in terms of redundancy pay and to “no less favourable” treatment than equivalent permanent staff in relation to redundancy rights, such as:

• contractual redundancy procedures;

• redeployment policies;

• alternative employment; and

• redundancy pay.

The obligation to offer a suitable available vacancy to a woman made redundant while on maternity leave described above applies to a woman made redundant while on a fixed-term contract, just as it does to a woman on a permanent contract.