Rights of Fixed-Term Workers
Tony Meenan, a Clinical Network Manager, had a two year contract with the Trust. He was barred from applying for another position with the Trust because he was not a permanent employee.
Because of the Review of Public Administration, the Trust had to reduce the number of people it employs. It was trying to minimise compulsory redundancies among its permanent employees. In this context, the Trust argued that a temporary bar on fixed-term employees applying for permanent posts was justified.
The Industrial Tribunal disagreed and found that the discrimination was not justified.
Caroline Maguire, Tony Meenan’s solicitor at the Law Centre, warns that this type of discrimination may be happening in other organisations and not only those affected by the Review of Public Administration.
“The Law Centre welcomes this decision. To date, there have been few instances where employees have successfully been able to show discrimination arising from their fixed-term status” said Ms Maguire.
“There may be circumstances when an employer can justify treating a fixed-term employee less favourably than a permanent one. However, an employer who discriminates against its fixed-term employees on the assumption that its permanent employees are entitled to more favourable treatment runs a real risk of breaking the law.’’
She added: “We hope that this case will encourage other fixed-term employees who feel they have suffered discrimination to seek advice.”
