A workplace is not a temporary workplace if the employee attends that place:

• in the course of a period of continuous work at that place
• lasting for all or almost all of the period for which the employee is likely to hold the employment, or
• when it is reasonable to assume that it will be in the course of such a period.

The broad effect is that where an employee can expect to work at a place for all or almost all of the period for which they can expect to hold the employment that place is treated as a permanent workplace from the outset. This rule is described in more detail at EIM32125.

The rules about a period of continuous work and a change in expectation apply in the same way as for the 24 month rule.

For this rule to apply it is not necessary that the duration of the employment should be `fixed', in the sense of having a known termination date. It is only necessary that it should be reasonably predictable that it will have a limited duration.

This rule particularly affects those engaged to provide services that are treated by the agency legislation as duties of an employment. For more guidance on this look at EIM32130.

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