header-logo header-logo

04 February 2010 / David Tyme
Issue: 7403 / Categories: Features , Employment
printer mail-detail

New territory

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll