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The duty of fairness when not renewing a fixed-term contract (Royal Surrey County NHS Foundation Trust v Drzymala)

Published on: 16 January 2018
Published by: LexisPSL
  • The duty of fairness when not renewing a fixed-term contract (Royal Surrey County NHS Foundation Trust v Drzymala)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: Compliance with the non-discrimination regime in the Fixed-Term Employee Regs 2002 does not necessarily mean that the dismissal of a fixed-term employee will be fair. The same fairness test as usual under section 98(4) of the Employment Rights Act 1996 (ERA 1996) applies to a dismissal due to the expiry of a fixed-term contract. Alternatives to dismissal do not necessarily have to be considered every time – the duty of fairness depends on the facts, according to the EAT. or take a trial to read the full analysis.

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