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 conflicting interpretations of the statutory provisions. S197 could not be construed on its own.
Judges:
Lord Justice Evans Lord Justice Peter Gibson Lord Justice Thorpe
Citations:
Times 24-Apr-1998, [1998] ICR 587, [1998] EWCA Civ 662, [1998] 2 All ER 845
Links:
Statutes:
Employment Rights Act 1996 197 95(1)(b)
Jurisdiction:
England and Wales
Citing:
Cited – BBC v Ioannou CA 1975
Mr I was employed on a 3-year contract determinable on notice. The contract was renewed by a 2-year extension, followed by a one-year extension, and a waiver clause was agreed for the latter extension. The statute required the fixed term to be of . .
Cited – Open University v Triesman EAT 1978
An employee was employed under a contract for a fixed term of 18 months. 3 months before that period expired she was offered and accepted further employment for 7 months subject to a waiver clause.
Held: The judgments in BBC -v- Ioannou were . .
Cited – Dixon v BBC CA 1978
The fact that a term of employment is determinable by notice does not preclude the term being a fixed term. . .
Cited – BP Oil Ltd v Richards EAT 12-Apr-1983
The tribunal considered how to treat a succession of fixed term contracts.
Held: The crucial question was whether one looks at the whole term of the original contract plus extensions as one contract or concentrates solely on the last . .
Cited – Mulrine v University of Ulster CANI 1993
An employee was employed under a contract of employment for 2 years with a waiver clause. 5 weeks before the end of that period the employer wrote to the employee, extending her contract by nearly 4 months and specifying that all other conditions of . .
Cited – Bhatt v Chelsea and Westminster Health Care Trust and Another EAT 9-Sep-1997
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, . .
Cited – Housing Services Agency v Cragg EAT 11-Mar-1997
The employee had been employed for a fixed term of more than 2 years under a contract containing a waiver clause, and thereafter entered into contracts for 3 subsequent extensions of his employment, each for a term of less than a year and each . .
Cited – Hogg v Dover College EAT 1990
The claimant asserted unfair dismissal after his contract was changed to provide that his post as head of the history department would be part time. He had been ill, and the head teacher reduced his teaching periods. He accepted the change in . .
Appeal from – British Broadcasting Corporation v Kelly-Phillips EAT 25-Jun-1997
. .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 18 November 2022; Ref: scu.78612