An employer will be able to defend a claim under the Regulations if it can prove that:

• there is an objective justification for not giving the fixed term employee a particular benefit or for giving him or her the benefit on inferior terms; or

• the value of a fixed term employee’s total package of terms and conditions is at least equal to the value of the comparable permanent employee’s package.

Accordingly, even if an employer cannot objectively justify less favourable treatment in respect of one particular term, if it can demonstrate that the fixed term employee’s overall package is no less favourable than that of the comparable permanent employee, it will have a defence to a claim of less favourable treatment under the Regulations.