The tribunal must first decide if a renewal of a fixed term contract was an extension or a re-engagement before deciding if unfair dismissal was possible: ‘We accept the submission that a contract for a fixed term may be extended as to its term, leaving the same contract in place. We accept too, that when a contract of employment for a fixed term of a year or more is extended as to its term by a lesser period, that extension alone is not to be taken as the correct point of focus for the purposes of s.197(1). The contract remains in place and the extension does not taken it outside s.197(1).’
Judges:
Kirkwood J
Citations:
Times 24-Oct-1997, [1997] UKEAT 479 – 97 – 0909, [1997] IRLR 660
Links:
Statutes:
Employment Rights Act 1996 197
Cited by:
Cited – British Broadcasting Corporation v Kelly-Phillips CA 24-Apr-1998
When a one year fixed term employment contract was extended by a period of less than a year, but then not again renewed, there was no unfair dismissal, since the exemption for the original term applied also to any extension. There had been . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 18 May 2022; Ref: scu.78382