(1) Duncombe and others (2) Fletcher v Secretary of State for Children, Schools and Families [2009] EWCA Civ 1355 CA

fixed-term contracts | territorial jurisdiction | European law rights

The Court of Appeal has held that an employee who was employed under a series of fixed-term contracts and whose contract was terminated could bring a claim of unfair dismissal despite the fact that he was employed to work outside Great Britain. Territorial limitations to unfair dismissal rights should be modified where necessary to enable a right emanating from European law to be enforced.