Does time worked under a training scheme count towards the four years a fixed-term employee needs to become permanent? No, held the Court of Appeal in Hudson v Department of Work and Pensions.
The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 say that anyone employed under a succession of fixed-term contracts will become a permanent employee after four years "unless employment on a fixed term contract is objectively justified". There is an exception for employees on a training / work-experience scheme arranged by the government or funded by the European Community.
In 2006 Ms Hudson began a fixed-term contract under such a scheme at the Department of Work and Pensions. This was extended several times until Ms Hudson became a Support Officer in 2009. This was also a fixed-term contract, but not part of a training scheme.
In 2010 Ms Hudson argued that, having worked for more than four years under fixed-term contracts, she was a permanent employee. She was no longer working under a training scheme, so the exclusion did not apply.
Paul Burton, Employment Solicitor, says "The Court of Appeal disagreed, concluding that time worked under a training scheme does not count towards establishing the four year period."
Get in touch if you need more information on this topic. You should find the other articles in December's employment newsletter of interest.
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