Employers should not disadvantage an employee due to their former fixed term status. The ECJ has ruled that EU law permits employees to bring claims for detrimental treatment occurring after they have ceased to be fixed–term, where the reason is their former fixed-term status.
A claim was possible under the Fixed-Term Work Directive where time spent on fixed-term contracts was not taken into account in determining the length of service and therefore pay of employees who had become permanent. The ECJ also considered that a blanket rule ignoring such service in all circumstances could not be justified.
UK regulations will need to be read purposively to comply with this ruling. (Valenza and others v Autorita Garante della Concorrenza e del Mercato, ECJ)
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Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
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Emma Rohsler
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Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
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Partner, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.