In a case about the pre-6 April 2013 legal position, the Supreme Court has overturned the Court of Session decision that dismissals that resulted from the expiry of fixed-term contracts did not count towards the threshold for triggering collective redundancy consultation obligations.
David Malamatenios is a partner and Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Session has held that a dismissal that results from the expiry of a fixed-term contract does not automatically count towards the threshold for triggering collective redundancy consultation obligations.
Practical guidance on employing an individual on a fixed-term contract, including the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002; recruiting temporary workers; break clauses; successive fixed-term contracts; and expiry of the fixed-term contract.
The law on fixed-term contracts, covering employees and workers employed or engaged under a temporary fixed-term contract, including the right for fixed-term employees not to be treated less favourably than a comparable permanent employee and the acquisition of permanent status under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
Additional information on the law on temporary workers for local authority employers, including Green Book provisions. To be read in conjunction with the general information on the law on temporary workers.
Victoria Bell is a managing associate and Chris McAvoy, Poppy Fildes, Rosie Kight and Helen Samuel are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
In Kücük v Land Nordrhein-Westfalen  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.
The Employment Appeal Tribunal has held that, where a dismissal is because of the normal expiry of a fixed-term contract, the dismissal does not count for the purposes of collective redundancy consultation, because one of the reasons for dismissal will be "related to the individual concerned".
HR and legal information and guidance relating to fixed-term employees.