header-logo header-logo

04 February 2010 / David Tyme
Issue: 7403 / Categories: Features , Employment
printer mail-detail

New territory

David Tyme explores the territorial scope of unfair dismissals

Mr Duncombe was employed by the secretary of state for children, schools and families (the department) as a teacher to work in a European school in Germany. The majority of  teachers seconded to the school were centrally employed by the state.

However, teachers from the UK were usually employed by the local authority or by the school’s governing body. The prevailing Staff Regulations limits, save in exceptional circumstances, a secondment to nine years whereafter the secondment terminates.

Duncombe was employed on successive fixed term contracts, between January 1996 and September 2006 and commenced proceedings alleging unfair and wrongful dismissal following the expiration of his final fixed term contract.

The fundamental issue for determination was whether his contract of employment is to be viewed as a fixed term employment contract with an objectively justifiable maximum term of nine years or whether the contract was converted by virtue of the Fixed-Term Employees (Prevention of less Favourable Treatment) Regulations 2002 (SI 2002/2034) (The 2002 Regulations) into a permanent contract thereby entitling him to continue working or upon termination obtain

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll