Staff on fixed-term, temporary and as-and-when contracts can accrue continuous service if their contract is renewed or a subsequent contract is issued. The law on continuous service is complex. For University staff it is important to note that the break between semesters is not likely to break continuous service. Please take advice from the HR Department if you need to know whether an employee has continuous service or not.
Continuous service is an important issue because an employee’s legal rights accrue with the passage of time, irrespective of the kind of contract they have. Appendix 1 of the Key Concepts: Fixed-term Contracts [PDF 194KB] sets out a comprehensive list the rights that employees accrue over time.
It follows that staff, even those without a permanent contract, can accrue employment rights. These can sometimes take managers by surprise.
Therefore, when issuing or renewing a fixed-term or temporary contract, always:
– bear in mind that some staff made redundant after the age of 50 may have the right to take early retirement; and
– take advice from HR on ways to minimise the risks.