In Royal Surrey County NHS Foundation Trust v Drzymala, the Employment Appeal Tribunal considered the fairness of an employee's dismissal by her employer's decision not to renew her fixed-term contract, including the effect of the employer's compliance with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
Updated to include information on Royal Surrey County NHS Foundation Trust v Drzymala, in which the EAT confirmed that the fairness of a dismissal is not necessarily affected by compliance with the Fixed-term Employees Regulations.
Engaging employees under fixed-term contracts can provide employers with workforce flexibility. Such employees have an array of rights, in particular under the Fixed-term Employees Regulations. We look at five points that employers should watch out for.
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 employment tribunal in this case concluded that it was open to an NHS trust to decide not to renew a consultant anaesthetist's fixed-term contract because it had recruited a number of permanent anaesthetists to take on the work.
The employment tribunal in this case concluded that it was not unfair for a university to decide against renewing an associate tutor's fixed-term contract because the work that he had been doing was taken over by permanent staff.
A model contract clause stating that a contract is for a fixed duration.
HR and legal information and guidance relating to the expiry of fixed-term contracts.