Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
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Can the phrase, ‘subject to funding’ be included in a fixed term contract? The person has over 9 years’ service and funding has never been withdrawn, so far.

Posted in : First Tuesday Q&A ROI on 9 January 2013
Elaine Mettler
Arthur Cox
Issues covered:

In general, a ‘subject to funding’ clause can be included in a fixed-term employment contract, however an employer needs to be very careful when contemplating the subsequent renewal of such a fixed-term contract.

Section 9 of the Protection of Employees (Fixed-Term Work) Act 2003, obliges employers to provide contracts of indefinite duration to fixed-term employees who have accrued more than four continuous years service on two or more fixed-term contracts, unless there are objective grounds to justify further renewals of the fixed-term arrangement.

In these circumstances where the employee has over 9 years’ service and where there has been a constant stream of funding to date, a

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Back to Q&A's This article is correct at 03/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email elaine.mettler@arthurcox.com

View all articles by Elaine Mettler