EAT CONTRACT OF EMPLOYMENT
UNFAIR DISMISSAL
RACE DISCRIMINATION
AGE DISCRIMINATION
FIXED TERM REGULATIONS
In this case the Claimant was a locum consultant. The Department of Health proposed certain changes. Because the Claimant was not on the email system, he did not receive the relevant email. The Employment Tribunal made the express finding that he knew of the contents and his failure to apply for the new contract was the Claimant’s decision, which he made for his own reasons. The Employment Tribunal found that the instructions for the notification of the new terms was not incorporated into the Claimant’s contract. The EAT agreed but held in any event this was academic since the Claimant had ample knowledge of the proposed changes. The EAT dismissed the appeal on the other grounds as well, namely that he was discriminated against by virtue of his fixed term status, his racial origin and his age.
Pugsley J
[2010] UKEAT 0232 – 10 – 2906
Bailii
England and Wales
Employment
Updated: 09 November 2021; Ref: scu.441355