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Do you have to have the same rights under a fixed term contract as a permanent contract?

5 replies

goingbacktowork · 15/06/2012 18:42

I seem to recall that you cannot treat a fixed term contract worker any less favourably than a permanent worker. Therefore would it be correct to say that a fixed term worker is only entitled to statutory sick pay while a permanent member of staff is entitled to contractual sick pay (i.e. higher) at the same company? Thanks.

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Virgil · 15/06/2012 18:43

No. Claim Would be for discrimination on the basis of fixed term worker status.

goingbacktowork · 15/06/2012 18:50

So that is a "no" it is not ok to treat differently? If so what do you actually do about it in real life as raising the issue is bound to jeopardise one's job/job offer.

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Virgil · 15/06/2012 18:55

Well Presumably if you have not yet started work you dont have immediate plans to go off sick so id say take the role and raise it once youve been there a while. Are you sure though that the difference is because one is a fixed term contract and one is an open ended contract rather than entitlement to sick pay varies with length of service?

pointythings · 15/06/2012 19:26

Well, I'm in the NHS and on a fixed-term contract. We are entitled to the same sick pay allowance as a permanent worker, and it's based on length of service. As I have now been renewed 4 times and have been in the job nearly 5 years, this means I have the same high levels of sick pay rights as someone who has been on a permanent contract for 5 years, i.e. loads. i also now have full redundancy rights as after the second renewal you are effectively considered permanent - this doesn't mean you automatically get a payment if you're made redundant, but they have to either redeploy or pay you.

The NHS is very generous though, it might not be so good in the private sector.

goingbacktowork · 15/06/2012 19:34

mmm..pretty sure it is not based on length of service as it does not allude to this at all but I suppose it may do. No definitely not planning being sick but I do not think I have ever worked for a firm that never paid sick pay even if it was at their discretion.

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