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Health and safety 391

Fixed-term workers

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
provide that workers on fixed-term contracts should not be treated less favourably than
other workers, unless there is a justifiable reason for the less favourable treatment. A
contract is a fixed-term contract if it is agreed at the outset to be in existence for a fixed time,
rather than being a contract which can be ended by giving notice. In order to claim, a
comparator working for the same employer must be found.
A fixed-term employee can request a written statement asking the employer to explain
the reasons why he is being treated less favourably. In addition, after four years have been
worked on consecutive fixed-term contracts the contract is renewed as a permanent con-
tract. However, the four years must be worked after 2 June 2002.

Persons with criminal records

The Rehabilitation of Offenders Act 1974 allows people whose convictions have become
spentto deny that they have ever been convicted. Furthermore, if a person is dismissed
because of a spent conviction, this will amount to unfair dismissal. The Act was passed to
help people with criminal records back into employment. If such people are discriminated
against by being refused employment, they are more likely to continue to commit criminal
offences.
Some criminal offences involving children are never spent. Otherwise, a conviction
becomes spent after a length of time which varies with the severity of the sentence passed.
The times are shown in Table 14.1.

Health and safety

Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 imposes various duties on employers. It is a crim-
inal offence for an employer to breach one of these duties.

Enforcement of the Act

The Health and Safety Executive aims to protect against risks to health or safety which arise
out of work activities. It conducts its own research and sponsors research by other people,

Over 2.5 years’ imprisonment

6 months–2.5 years

Less than 6 months

Youth custody

Fined/community service order

Detention centre

Probation

Curfew orders

Absolute discharge

Never spent

Spent after 10 years

Spent after 7 years

Spent after 7 years

Spent after 5 years

Spent after 3 years

Spent after 5 years

Spent after 5 years

Spent after 6 months

Table 14.1