Right to conversion of fixed-term contract to permanent status

The regulations also give fixed-term employees the right to convert to permanent status after performing successive fixed-term contracts for four continuous years, unless the employer can objectively justify its refusal. The right is only triggered by a series of contracts. No right of conversion to a permanent contract arises in the case of a single fixed-term contract lasting four years or more. Time spent on fixed-term contracts under government or EU funded work placements or training schemes does not count towards the four years (Hudson v Department for Work and Pensions [2012] EWCA Civ 1416).

Where a fixed-term contract is converted to a permanent contract under the FTERs, the new contract must not be significantly unfavourable, but the employer does not have to reproduce the exact terms of the old fixed term contract (Huet v Universite de Bretagne Occidentale C251/11 [2012] WLR 71).

Employees who have accrued enough service to qualify for permanent status should write to their employer asking for a statement confirming their permanent status, which should be provided within 21 days. Higher and further education unions have produced guidance and model request letters available online.