- 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
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.
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