Court of Appeal
HELD: Once it had been recognised that fixed-term contracts were not only lawful, but were recognised in the preamble to the Directive as responding "in certain circumstances, to the needs of both employers and workers", it followed that the termination of such contracts by simple effluxion of time could not, of itself, constitute the less favourable treatment of a fixed-term employee by comparison with a permanent employee. Thus, the dismissal of a fixed-term employee by reason of her contract having come to an end could not, of itself, represent a detriment within reg.3(1)(b), Whiffen v Milham Ford Girls' School & anr (2001) EWCA Civ 385 , (2001) LGR 309 distinguished. In the instant case, the 51-week rule operated by W could be justified by reference to the Civil Service Order in Council 1995 and the Civil Service Commissioners Recruitment Code.
 ICR 577;  IRLR 288
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Old Square’s Nadia Motraghi is acting for the BMA in its judicial review of these controversial Regulations which impose a…
Date: 28th October 2020 Time: 2pm until 3pm via Zoom platform Each year Old Square Chambers takes the opportunity to…View More