Fixed Term Employees Discrimination- Pensions

Key Points

  • Fixed term employees must not be treated less favourably than a comparable permanent employee doing the same or largely the same job unless the less favourable treatment can be objectively justified.
  • This extends to less favourable treatment in respect of the provision of pension benefits.
  • A fixed-time employee can bring a claim for less favourable treatment under the Fixed-term employees (Prevention of Less Favourable Treatment) Regulations 2002.
  • Employers may be able to defend a specific unfavourable practise by demonstrating that the fixed-term employee's overall benefits package is comparable to their permanent employee comparator.
  • In order to rely on objective justification the employer would have to demonstrate that the less favourable treatment amounted to a legitimate aim and that the less favourable treatment was a proportionate method of achieving that legitimate aim.
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