David Tyme explores the territorial scope of unfair dismissals
Mr Duncombe was employed by the secretary of state for children, schools and families (the department) as a teacher to work in a European school in Germany. The majority of teachers seconded to the school were centrally employed by the state.
However, teachers from the UK were usually employed by the local authority or by the school’s governing body. The prevailing Staff Regulations limits, save in exceptional circumstances, a secondment to nine years whereafter the secondment terminates.
Duncombe was employed on successive fixed term contracts, between January 1996 and September 2006 and commenced proceedings alleging unfair and wrongful dismissal following the expiration of his final fixed term contract.
The fundamental issue for determination was whether his contract of employment is to be viewed as a fixed term employment contract with an objectively justifiable maximum term of nine years or whether the contract was converted by virtue of the Fixed-Term Employees (Prevention of less Favourable Treatment) Regulations 2002 (SI 2002/2034) (The 2002 Regulations) into a permanent contract
