The claimant had been employed on a fixed term contract. It was not renewed, and she claimed less favourable treatment under the regulations. She had been employed on a series of fixed term contracts, and there had been no criticism of her work. The Department appealed a finding against them on the preliminary issue as to whether his could constitute less favourable treatment
Held: The non-renewal of a fixed term contract could not of itself constitute less favourable treatment under the regulations. Such contracts were recognised by the European legislation, and their simple non-renewal could not of itself be such treatment.
Citations:
[2004] EWCA Civ 1745, Times 17-Jan-2005, [2005] ICR 577, [2005] IRLR 288
Links:
Statutes:
Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
Jurisdiction:
England and Wales
Citing:
Cited – A Webley v Department of Work and Pensions EAT 24-Mar-2004
EAT Practice and Procedure – Compromise . .
Cited by:
Appealed to – A Webley v Department of Work and Pensions EAT 24-Mar-2004
EAT Practice and Procedure – Compromise . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 22 September 2022; Ref: scu.220523