In a situation where an employer has failed to act after the expiry of a fixed term contract and the employee continues to work, will the employee automatically have a contract of fixed duration?

Posted in : First Tuesday Q&A ROI on 2 February 2016
Zelda Cunningham
Arthur Cox
Issues covered:

We understand from the question that the employee in question has only been employed on one fixed term contract.

In the circumstances, it is the principles of common law rather than the Protection of Employees (Fixed-Term Work) Act, 2003 that apply in circumstances where a fixed-term contract has expired and the employee continues to work.

In the absence of agreeing another contract of employment with the employer, the employee is deemed to be an employee of indefinite duration under the same terms and conditions of employment which existed under his expired contract, with the exception of provisions relating to the employee’s fixed-term status.

If the employee has accrued one year’s

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

Back to Q&A's This article is correct at 02/02/2016

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.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

View all articles by Zelda Cunningham