Fixed Term/Temporary Contracts Guidance - August 2026

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1. Introduction

This guidance has been written in line with legislative requirements and is therefore applicable to all Carmarthenshire County Council and School employees and provides all Head Teachers and Managers with responsibility for staff with direction in relation to the issuing and management of fixed term/temporary contracts.

Head Teachers, Heads of Service and Managers are responsible for determining the nature of the contract of employment for all staff and it is essential that there are transparent and objective reasons for agreeing that a post is of a fixed term/temporary nature as opposed to being permanent.

The main legislation impacting on fixed-term/temporary workers is the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034), which came into force in October 2002 and the Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations 2008.

The Regulations state that:

  • fixed-term employees have the right not to be less favourably treated than comparable permanent employees, unless the less favourable treatment is justified on objective grounds;

  • The treatment of any fixed-term employee will be compared to that of any permanent employee who does the same or similar work for the same employer;

  • Fixed-term employees should not be employed on a series of successive fixed-term contracts beyond 4 years;

  • Fixed-term employees cannot waive their statutory right to claim unfair dismissal or receive redundancy payments if they are made redundant at the end of their contract.

  • Fixed-term employees can ask for a written statement confirming that their contract is permanent or setting out the objective justification for using the fixed-term contract beyond the four-year period. The written statement must be provided within 21 days of the request.

By following the advice provided the Authority / school can ensure the appropriate use of temporary or fixed terms contracts and reduce the risk of claims of unfair dismissal and of complaints regarding unequal treatment.