EAT FIXED TERM REGULATIONS
The Employment Tribunal erred in determining whether less favourable terms in a fixed-term worker’s contract had been justified before deciding the reason for the difference between the contractual terms of a fixed-term worker and those of his comparator. They erred in deciding that because the less favourable terms had not been justified, the reason for such terms was that the Claimant was a fixed-term worker. Further the Tribunal erred in failing to consider whether the differences in the jobs between the Claimant and his comparator justified his less favourable terms.
Appeal allowed. Case remitted for rehearing to a different Employment Tribunal.
Judges:
Slade J
Citations:
[2010] UKEAT 0035 – 10 – 1006
Links:
Employment
Updated: 22 August 2022; Ref: scu.421384