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.
In Commissioners for Her Majesty's Revenue and Customs v Thorn Baker Ltd and others  EWCA Civ 626 CA, the Court of Appeal has held that agency workers engaged on fixed-term contracts of less than three months are not entitled to statutory sick pay.
In Prakash v Wolverhampton City Council EAT/0140/06, the Employment Appeal Tribunal holds that where a fixed-term contractor's dismissal for misconduct was overturned by an appeal decided after the expiry date of the contract, the effect of the successful appeal was to reinstate the terms of the original contract. It could not extend the life of the contract beyond its expiry date.
In Adeneler and others v Ellinikos Organismos Galaktos  IRLR 716 the European Court of Justice has held that the objective reasons justifying the use of successive fixed-term contracts must relate to the particular employment in question.
Age discrimination will only become unlawful in the UK from October 2006, but a decision by the European Court of Justice (ECJ) on 22 November 2005 gives an indication of how it expects the relevant provisions of the Employment Directive (2000/78/EC) to be interpreted.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.