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.
An employment tribunal has found that an individual employed on three consecutive fixed-term contracts over almost a decade is a permanent employee, in a case that has significance for employers in sectors that regularly employ staff for a fixed term, such as teaching, IT and construction.
HR and legal information and guidance relating to fixed-term employees.