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Fixed-term employees: Policy of termination after 51 weeks' service not unlawful

This report relates to 1 case(s)

  • expand disabled

    Department for Work and Pensions v Webley [2005] IRLR 288 CA (0 other reports)

Key points

In Department for Work and Pensions v Webley, the Court of Appeal holds:

  • An employer's recruitment practice of refusing to renew fixed-term employment contracts, simply because 51 weeks of service had elapsed ("the 51-week rule"), was not an unlawful abuse of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
  • The essence of a fixed-term contract is that it comes to an end on the expiry of a fixed term. The employer was not obliged to extend/renew the fixed-term contract or to convert it into an indefinite contract.