Birdwell Primary School v Fitzgerald: EAT 28 May 2009

EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements
A teacher was given notice to terminate her limited-term contract of employment before a meeting to discuss it. The Employment Tribunal correctly found this was a breach of the 2002 Act regime and automatically unfair contrary to Employment Rights Act 1996 s98A. The correct sequence is this: the employer contemplates dismissal, calls a meeting to discuss it, makes the decision in the light of what was discussed and gives notice to terminate on a given date. The Step 2 meeting precedes the decision, the carrying into effect of the decision by giving notice, and its expiry. Employer’s appeal dismissed.

Judges:

McMullen QC J

Citations:

[2009] UKEAT 0059 – 09 – 2805

Links:

Bailii

Statutes:

Employment Rights Act 1996 98A

Employment

Updated: 30 July 2022; Ref: scu.372599