Dismissal at the end of a fixed-term contract, entered into by both parties in the full understanding that they were finite and involved no expectation of renewal or indefinite employment, constitutes dismissal for a reason related to that individual employee. Accordingly there is no requirement that, where 20 or more such FTCs are ending, the employer engages in the statutory (TULR(C)A sec 188) collective consultation applicable to a redundancy situation.
University of Stirling v University & College Union - ending of fixed term contracts is not redundancy triggering consultation requirements
EAT - 08/11/11
Emplaw Links:
Subscribe to Emplaw Professional now to get the full benefit of our news service
Subscribers to emplaw professional get full access to our news service, along with 5,000 pages of comprehensive, up-to-date information, covering all aspects of employment law in our Law Guide.
To read the full content of the above article, including links to relevant web sites and Law Guide pages, you can subscribe today to one of our daily, monthly or annual packages.
You can also sign-up to our e-PSL email newsletter, which will keep you up-to-date with the latest developments every week.
Other articles in Cases - Employment Appeal Tribunal:
-
Horsfall v Calderdale and Huddersfield NHS Foundation - no bias in "unguarded comment" by judge
Tribunal's judgment was open to it on the facts, and neither perverse nor vitiated by bias.
Read More. -
A & J Menswear (Retail) Ltd v Jacobs - employee ready and willing to work was entitled to be paid wages
An employee who has been told to stay away from work until further notice is nonetheless entitled to be paid as long as they remain ready and willing to work.
Read More. -
James v Gina Shoes Ltd & Ors - pre-requisites to finding of contributory fault
If a tribunal is to make a finding of contributory fault it must (i) raise the issue with the parties so that they may make representations on it and (ii) must find "culpable or blameworthy" conduct on the part of the claimant.
Read More. -
Fulthorpe & Anor v Heal - classic illustration of consequences of failure to meet EAT appeal time limits
(1) EAT time limits are strict - an appeal against a remedy decision cannot be used as a basis to make an out of time appeal against the liability judgment behind that remedy decision.
(2) Only the liquidator of a company in liquidation, and not one of its directors, can act on its behalf in legal proceedings
Read More. -
Allma Construction Ltd v Laing - 5% deduction for contributory fault was perverse
Deduction from compensation of 5% for employee's contributory misconduct was based on flawed reasoning, and in all the circumstances was so low as to be perverse
Read More. -
Central Manchester University Hospitals NHS Foundation Trust v Browne - appeal simply challenged findings of fact
An appeal to the EAT which is essentially a complaint about the tribunal's findings of fact and inferences discloses no error of law and will fail.
Read More. -
Singh v The Members of The Management Committe of The Bristol Sikh Temple & Ors - priest was "worker" since legal relations were intended
Sikh priest was "worker" for purposes of national minimum wage claim.
Read More. -
Matinpour v Rotherham Metropolitan Borough Council - wrong tests applied to disability discrimination questions
Tribunal applied wrong tests to disability discrimination questions - in particular disability related discrimination does not depend on the application of a provision criterion or practice nor on a Claimant being placed at a substantial disadvantage.
Read More. -
Cormie v Rodger t/a Dalneigh Post Office & Stores - circumstances clearly constituted employment relationship
The existence of an employment relationship must always be determined from all the circumstances. Even where the putative employer is not directly paying the putative employee, there may be sufficient mutual benefits flowing between them, and a sufficient degree of control exercised, for there to be an employer/employee relationship.
Read More. -
HM Land Registry v Benson & Ors - setting budget limit when selecting for staff reduction exercise was part of legitimate aim of reducing head-count
If a redundancy selection exercise involves criteria making it indirectly age discriminatory, then it must be justified by the employer. If the employer demonstrates that its approach, including any budgetary constraints set, was the only practicable way of achieving its legitimate aim, then that method will be "proportionate" - notwithstanding the fact that an impracticable alternative (eg one costing nearly twice as much) does, in an absolute sense, exist.
Read More. -
Forthcoming hearings in the EAT for week commencing 13th February 2012
The Cause Lists, showing cases listed for hearing during week commencing 13th February 2012 in the EAT in England & Wales and in Scotland.
Read More. -
Hibbert v Apple Europe Ltd - tribunal must weigh party's inability to attend and effect on fair trial when considering adjournment
Where a litigant's presence is needed for the fair trial of a matter, then, however inconvenient to it it may, be a tribunal must weigh in the balance that inability to attend (especially where it is for a good and genuine reason) and very often that will entail adjourning the hearing.
Read More. -
University of Stirling v University & College Union - ending of fixed term contracts is not redundancy triggering consultation requirements
Dismissal at the end of a fixed-term contract, entered into by both parties in the full understanding that they were finite and involved no expectation of renewal or indefinite employment, constitutes dismissal for a reason related to that individual employee. Accordingly there is no requirement that, where 20 or more such FTCs are ending, the employer engages in the statutory (TULR(C)A sec 188) collective consultation applicable to a redundancy situation.
Read More.