In Jimenez Melgar v Ayuntamiento de Los Barrios (4 October 2001), the European Court of Justice rules that it is contrary to EU law to refuse to renew a fixed-term contract because of a woman's pregnancy.
An employee's waiver of his right to a redundancy payment on the expiry of a two-year fixed-term contract he entered into immediately following a long period of open-ended employment with the same employer was effective in depriving him of entitlement to such a payment, notwithstanding the rights he had accrued under his original, ordinary contract, holds the EAT in Kingston upon Hull City Council v Mountain.
A fixed-term contract for a duration of one year or more may be extended or renewed beyond its original expiry date by a shorter period without creating a new contract of employment, holds the Court of Appeal in British Broadcasting Corporation v Kelly-Phillips.
A contract of employment for a fixed term may be "extended" or "renewed" as to its term or duration leaving that same contract in place, holds the EAT in Bhatt v Chelsea & Westminster Health Care Trust and another.
A purported unfair dismissal waiver was invalid because the last in a series of fixed-term contracts under which an employee worked was for less than one year's duration, holds the EAT in British Broadcasting Corporation v Kelly-Phillips.
If an employee enters into a fixed-term contract for two years or more with a written waiver agreement attached, and that term is renewed for a further fixed period of any duration whatever, then, provided he or she enters into a fresh waiver agreement during the currency of the extended term, his or her right to claim a redundancy payment is validly excluded, holds the EAT Housing Services Agency v Cragg.
Part-time college lecturers, employed for several years under a succession of fixed-term contracts for one academic term, were dismissed by reason of redundancy on the expiry of their contracts for the summer term of 1993, notwithstanding that subsequently they were offered contracts for the following term, holds the EAT in (1) Pfaffinger v City of Liverpool Community College (2) Muller v Amersham & Wycombe College.
In Abrahams v The Performing Right Society Ltd, it is held that there is no duty to mitigate where an employment contract provides for termination on payment of a sum in lieu of notice.
HR and legal information and guidance relating to the expiry of limited-term contracts.