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XpertHR has 2 case reports
relating to the case: Manchester College v Cocliff EAT/0035/10.
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Fixed-term employees: Tribunal erred in considering objective justification before less favourable treatment
Source: IRS Employment Review Date:
24-11-2010
In Manchester College v Cocliff EAT/0035/10, the EAT held that an employment tribunal erred when it decided that there had been less favourable treatment on grounds of fixed-term status because it had found that any difference in terms was not objectively justifiable. Tribunals should first consider whether or not any less favourable treatment is on grounds of fixed-term status. Only if the answer is yes should they move on to consider the defence of objective justification.