Member

19A: Clause 1, page 10, line 3, at end insert— (c) in determining whether it was reasonable to enter into a limited-term contract, regard must be had to the employer’s operational circumstances and information available at the time the contract was made, including—(i) genuine short-term business needs or uncertainty,(ii) seasonal, project-based, or event-based fluctuations,(iii) relevant financial or staffing forecasts, and(iv) industry norms or practices relating to temporary contracts.(d) a decision to enter into a limited-term contract must not be considered unreasonable solely because subsequent business conditions changed in a manner not reasonably foreseeable at the time the contract was entered into.”Member's explanatory statement This amendment clarifies that the reasonableness of entering into a limited-term contract should be assessed based on the employer’s operational context and the information available at the time of contracting. It lists specific factors that may be relevant to that assessment and states that unforeseeable changes in business conditions after the fact should not, by themselves, render a decision unreasonable.