Fixed-term contracts: flexibility or false friend?

A fixed-term employment contract may seem the logical option to the employer when planning the resources for a particular project, seasonal work, or where the job is dependent on a specific funding stream which is only available for a defined period.

Employees on such a fixed-term or temporary contract are protected by law from being treated differently to permanent staff doing similar work. So, while fixed-term contracts may seem to offer employers flexibility, unless they are used properly in the right circumstances, they may prove to be a false friend.

‘Fixed-term contracts are helpful for employing an employee for a defined, fixed period,’ says Matthew Chance, a solicitor in the employment team with Furley Page LLP. ‘But a fixed-term contract does not mean the employee has fewer rights, both in terms of the benefits they are given and their rights when the fixed-term contract ends. Now that the Employment Rights Act 2025 has been passed, any employee dismissed on or after 1 January 2027 will only require six months’ continuous employment to accrue ordinary unfair dismissal rights, and this will include employees on fixed-term contracts.’

Matthew looks at the benefits and risks of using fixed-term contracts and gives tips on how to use them lawfully and effectively.

What is a fixed-term contract?

As the name suggests, a fixed-term contract is one that ends after a fixed period of time. For example, seasonal workers may be employed from one agreed date to another agreed end date.

Employment can also end on the completion of a particular project, for example rolling out and training employees on a major IT upgrade, or on the occurrence of a specific event, such as when an employee returns from long-term sickness absence or maternity leave.

Where the job is dependent on a specific funding stream, the fixed-term contract may be brought to an end when the funding stream stops.

What are the benefits of fixed-term contracts?

Fixed-term contracts, used properly, allow employers to avoid having to take on the commitment of a permanent employee. Where there is an objectively justifiable reason to take on an employee for a defined period or a specific project, the employer should be prepared to cite a fair reason to end the fixed-term contract. Usually this is the statutory potentially fair reason of ‘some other substantial reason’, provided for by section 98 (1)(b) of the Employment Rights Act 1996, or redundancy, provided for by section 98 (2)(c).

Common pitfalls with fixed-term contracts

Treating employees differently

Do not assume that staff on fixed-term contracts can be treated differently to comparable permanent staff, as an employee on a fixed-term contract can compare themselves to a permanent member of staff doing similar work. Unless the employer can objectively justify treating them differently, it is unlawful to treat an employee less favourably on the basis that they are a fixed term employee as opposed to a permanent one. This applies to contractual benefits like annual leave entitlement and pension membership, as well as benefits like access to training and promotion opportunities. Less favourable treatment includes excluding them from regular appraisals and invitations to team events.

Contract length or renewals

Avoid using very long or successive fixed-term contracts. After four years of employment on fixed-term contracts the employee’s contract will automatically change to a permanent contract, unless the continuing use of a fixed-term contract instead of a permanent contract can be objectively justified by the applicable circumstances.

Redundancy

Take care not to select employees on fixed-term contracts for redundancy over permanent staff solely because they are on a fixed-term contract. It may be possible to objectively justify this, but this may vary on a case-by-case basis. Please seek our advice before making any final decision.

Unfair dismissal

Remember to treat the end of a fixed-term contract as a dismissal. Whether the contract was ended on notice or expired, this is still a dismissal under the law, which will require one of the prescribed fair reasons for dismissal under the terms of the Employment Rights Act 1996. A fair process needs to be followed, and we can advise you on the most suitable fair reason to cite.

Job opportunities

Remember your obligation to inform employees on fixed-term contracts of vacancies for permanent positions in the organisation. Opportunities can be shared with everyone, for example on an intranet available to all employees. If not, the employee can bring an Employment Tribunal claim.

Tips for effective use of fixed-term contracts

As with any contract of employment, it is important to ensure that the terms are specific to the needs of your business. A few things to look out for when using fixed-term contracts include:

• ensure that the contract includes a clearly worded provision to terminate the contract early on notice, particularly with longer contracts. If not, and the contract is terminated before the end date, the employee would have a breach of contract claim for the balance of the contract term;
• if the employee on a fixed-term contract is not given the same package of benefits or access to other benefits, consider if there is an objectively justifiable reason and document this;
• consider compensating for the lack of certaincontractual benefits available to permanent employees by giving a bonus or a more generous benefit. This may allow the employer to compare the overall remuneration package to show that, on balance, the employee is no worse off than the comparator permanent colleagues, and this would usually avoid the employee having a claim for less favourable treatment; and
• diarise the dates for reviewing the contract or starting the dismissal procedure in good time before the expiry of the contract.

How we can help

We can ensure that your fixed-term contracts are drafted in the most appropriate way for your business needs, including notice and termination provisions. We can advise on any different treatment and help you establish an objective justification for this. To minimise the risk of unfair dismissal claims, we can advise and prepare the documentation for a fair dismissal procedure at the end of the fixed-term.

For further information, please contact Matthew Chance in the employment team on 01227 763939 or email mjc@furleypage.co.uk.