Case report round-up: Dismissal of staff who refused to become franchisees capable of being for an ETO reason

XpertHR's latest case reports cover:

• Fixed-term employees: Successive fixed-term contracts may be justified to cover an employer's permanent or recurring need for replacement staff In Kücük v Land Nordrhein-Westfalen [2012] IRLR 697 ECJ, the ECJ held that an employer’s use of 13 successive fixed-term contracts over a period of 11 years was not inherently in breach of the Fixed-term Workers Directive, but that the issue of objective justification had to be assessed by the national court on the particular facts of the case. (Employment Review)
• TUPE: Dismissal of staff who refused to become franchisees following transfer could be for ETO reason In Meter U Ltd v Ackroyd and others; Meter U Ltd v Hardy and others [2012] IRLR 367 EAT, the EAT held that the dismissal of staff who refused to become franchisees following a transfer was capable of being for an ETO reason. Genuine franchisees were not employees, so the requirement for “changes in the workforce” was met provided that the new arrangement was not a sham. (Employment Review)

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