Recent case law has illustrated the difference between renewable contracts and fixed term contracts. A contract may look initially like a fixed term contract, but if it contains possibilities in respect of a renewal of the contract that may well take the contract outside the scope of a fixed term contract. This is of critical importance as a fixed term contract gives very little protection to the employee under any of the legislation protecting employee’s rights. Sometimes there can be a dispute as to what constitutes a fixed term contract and a renewable contract. Because of the adverse consequences for employees it is critical that independent legal advice be obtained either from a Solicitor or Union. Very often sections of such contracts will be held to be invalid if prior legal advice is not taken. Therefore, it is critical for employers when offering such contracts that the employee is advised to obtain legal advice. This legal advice must be obtained prior to signing the contract by the employer subsequent legal advice is not sufficient. If you need assistance in any of the issues raised above please contact our partner Finola Cronin at fcronin@dobbynmccoy.com or telephone (051) 874087
Employment Law
January 7th, 2020