PART 2 RIGHTS AND REMEDIES
Right to receive written statement of variation9
1
If an employee who considers that, by virtue of regulation 8, he is a permanent employee requests in writing from his employer a written statement confirming that his contract is no longer fixed-term or that he is now a permanent employee, he is entitled to be provided, within twenty-one days of his request, with either—
a
such a statement, or
b
a statement giving reasons why his contract remains fixed-term.
2
If the reasons stated under paragraph (1)(b) include an assertion that there were objective grounds for the engagement of the employee under a fixed-term contract, or the renewal of such a contract, the statement shall include a statement of those grounds.
3
A written statement under this regulation is admissible as evidence in any proceedings before a court, an employment tribunal and the Commissioners of the Inland Revenue.
4
If it appears to the court or tribunal in any proceedings—
a
that the employer deliberately, and without reasonable excuse, omitted to provide a written statement, or
b
that the written statement is evasive or equivocal,
it may draw any inference which it considers it just and equitable to draw.
5
An employee who considers that, by virtue of regulation 8, he is a permanent employee may present an application to an employment tribunal for a declaration to that effect.
6
No application may be made under paragraph (5) unless—
a
the employee in question has previously requested a statement under paragraph (1) and the employer has either failed to provide a statement or given a statement of reasons under paragraph (1)(b), and
b
the employee is at the time the application is made employed by the employer.