Supreme Court Rules ‘Acting Up’ Scenario Attracts Fixed Term Worker Protections

The Supreme Court held that a permanent senior member of the HSE who was ‘acting up’ in a separate role on a series of fixed-term contracts falls within the definition of a ‘fixed-term worker’ under the Protection of Employees (Fixed-Term Work) Act 2003 (the “Act”). The employee was therefore entitled to claim that he was entitled to a Contract of Indefinite Duration in the ‘acting up’ role under the Act.

Facts: The Supreme Court delivered its judgment on 31^st March 2022 in the case of Maurice Power v Health Service Executive which was an appealed from the Labour Court to the High Court and ultimately to the Supreme Court.

Mr Power had been a permanent pensionable employee of the HSE since 1999 in the role of Chief Financial Officer (‘CFO’).  In 2014 he was invited to assume the role of interim Group CEO (‘CEO’) on a fixed-term contract or until the role was filled permanently.   It was expressly stated that when the contract ended, either by the role being filled or the expiry of the fixed term, Mr Power would return to his original role of CFO.

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