Low Pay Unit Response to the DTI Consultation Paper on Fixed Term Work

Summary

The Low Pay Unit welcomes the opportunity to respond to the consultation document on the implementation of the European Community Directive 1999/70/EC on Fixed Term Work. We welcome the Directive's explicit objective of removing discrimination against fixed term contract workers, whilst ensuring improvements in the quality and attractiveness of fixed term work.

The Unit would urge the government:

• not to adopt a minimalist definition when considering the scope of the Regulations. The wider definition of 'worker', rather than the narrow definition of 'employee', will ensure that those most vulnerable to exploitation from fixed term contracts are also protected;
• to ensure that the regulations can be enforced effectively by all fixed term contract workers. This will mean carefully considering the use of comparators to establish less favourable treatment;
• to extend the principle of equal treatment to cover all contractual terms and conditions of employment, including pay, pensions, benefits and training.