Q&A - fixed term to permanent?
Q. We are considering making a fixed-term job role a permanent position. Must we automatically offer the existing fixed-term post holder the permanent position?
A. Where a fixed-term job role becomes permanent, there’s no obligation to automatically offer it to the current post holder. However, you must inform the fixed-term employee about the availability of this permanent position and all other job vacancies that arise within your business. Any failure on your part to do so would be a breach of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 .
Fixed-term employees should be informed about all job vacancies in the same way as permanent employees. This could be via email or on a notice board. However, where a fixed-term job role is to become permanent, it’s considered good practice to inform the existing post holder about this personally. Do be aware that if you employ any other fixed-term employees, you can’t offer the permanent role to the existing post holder automatically. You could only do so if they are your only fixed-term employee but there would still be a potential risk of discrimination claims from other potential candidates, e.g. external applicants.