Fixed Term Contract in UK Law

Leading Cases
  • British Broadcasting Corporation v Ioannou
    • Court of Appeal (Civil Division)
    • 14 Febrero 1975

    I do not think it is necessary in these cases to inquire whether there is a "renewal" of a previous contract of employment or a "re-engagement" under a new contract of employment. That is too fine a distinction for ordinary mortals to comprehend. Suffice it to say that you must always take the final contract which expires, and on the expiration of which he claims redundancy payment or compensation for unfair dismissal.

  • Ford v Warwickshire County Council
    • House of Lords
    • 17 Febrero 1983

  • Gunton v Richmond-upon-Thames London Borough Council
    • Court of Appeal (Civil Division)
    • 03 Julio 1980

    If the only real redress is damages, how can its measure or scope be affected according to whether the contract is regarded as still subsisting or as at an end? To preserve the bare contractual relationship is an empty formality. The difference is fundamental, for there is no legal substitute for voluntary performance.

  • Western Excavating (ECC) Ltd v Sharp
    • Court of Appeal (Civil Division)
    • 14 Noviembre 1977

    The circumstances in which an employee qualifies as being "dismissed" by his employer were first set out in the Redundancy Payments Act, 1965 in these words: An employee shall "be taken to be dismissed by his employer if, but only if, - (a) the contract under which he is employed by the employer is terminated by the employer, whether it is so terminated by notice or without notice, or (b) where under that contract he is employed for a fixed term, that term expires without being renewed under the same contract, or (c) the employee terminates that contract without notice in circumstances such that he is entitled to terminate it by reason of the employer's conduct".

    If theemployer is guilty of conduct which is a significant breach going to the root of the contract of employment; or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract; then the employee is entitled to treat himself as discharged from any further performance. If he does so, then he terminates the contract by reason of the employer's conduct.

  • Horkulak v Cantor Fitzgerald International
    • Queen's Bench Division
    • 31 Julio 2003

    I have reached the firm conclusion that Mr Amaitis' deliberate course of conduct from January 2000 to 28 June 2000 breached the implied term of trust and confidence in the claimant's contract of employment. As a senior managing director, having responsibility for managing employees, his position became intolerable. The outbursts of Mr Amaitis to the claimant were bound to become common knowledge in Cantor. Without Mr Amaitis' support, his authority to manage employees was severely undermined.

  • Geys v Societe Generale, London Branch
    • Supreme Court
    • 19 Diciembre 2012

    Second, there are those terms which are implied into a class of contractual relationship, such as that between landlord and tenant or between employer and employee, where the parties may have left a good deal unsaid, but the courts have implied the term as a necessary incident of the relationship concerned, unless the parties have expressly excluded it: see Lister v Romford Ice & Cold Storage Co Ltd [1957] AC 555, Liverpool City Council v Irwin [1977] AC 239.

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Legislation
  • Renting Homes (Wales) Act 2016
    • Wales
    • 1 de Enero de 2016
    ...... provision establishing two kinds of contract for the purpose of renting homes; and for ... . (i) fixed term standard contracts, and. . . (ii) periodic ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... referred to in regulation 79(1) ;“contract notice” means the notice referred to in ... of all the contracts envisaged for the total term of the framework agreement or the dynamic ... shall be as follows:—(a) in the case of fixed-term public contracts, where that term is less ......
  • Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......”, in relation to any employee, means the person by whom the employee is (or, where the employment has ceased, was) employed;“fixed-term contract” means a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate—(a) on the ......
  • Employment Rights Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ...... and entitled to receive to terminate his contract of employment F888or other worker’s ... is expected to continue or, if it is for a fixed term, the date when it is to end,F882(ga) any ......
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Books & Journal Articles
  • FixedTerm Contracts: Short‐Term Blessings or Long‐Term Scars? Empirical Findings from the Netherlands 1980–2000
    • No. 53-1, March 2015
    • British Journal of Industrial Relations
    Using a comprehensive longitudinal dataset of prime‐age Dutch workers over the period 1980–2000, we examine how a previously held job with a fixedterm contract influences both the likelihood and t...
    ...... longitudinal dataset of prime-age Dutch workers over the period 1980–2000, we examine how a previously held job with a fixed-term contract influences both the likelihood and the duration of a future spell of unemployment. Analyses show that Dutch workers with fixed-term contracts ......
  • Part‐Time Work, FixedTerm Contracts, and the Returns to Experience
    • No. 77-4, August 2015
    • Oxford Bulletin of Economics and Statistics
    Using data from Spanish Social Security records, we investigate the returns to experience for female workers in different flexible work arrangements. Our model consists of four random‐effects equat...
    ......W e find a large negative wage effect of w orking part-time (PT), which differs by motherhood status and contract type. W e also find that working PT involv es lower returns to experience than standard full-time employment and thus a substantial negative wage ......
  • Work‐Related Training and the Probability of Transitioning from Non‐Permanent to Permanent Employment
    • No. 54-3, September 2016
    • British Journal of Industrial Relations
    It is widely believed that work‐related training increases a worker's probability of moving up the job‐quality ladder. This is usually couched in terms of effects on wages, but it has also been arg...
    ...... of moving from either casual or fixed-term contr act employment to permanent employment is ... employed under dierent employment contract types. Ther e is some Australian evidence, f or ...Fixed-term contract workers , by definition, hav e no ......
  • Long‐Term Earnings Inequality, Earnings Instability and Temporary Employment in Spain: 1993–2000
    • No. 50-4, December 2012
    • British Journal of Industrial Relations
    This article provides a longitudinal perspective on changes in Spanish male earnings inequality for the period 1993–2000 by decomposing the earnings covariance structure into its permanent and tran...
    ...... over the sample period, we also examine the effect of the type of contract on earnings variance components and find that workers on a fixed-term ...6. The effect of temporary contracts on earnings instability Fixed-term or temporary contracts spread in many European countries in the 1990s ......
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Law Firm Commentaries
  • Expiry of fixed term contracts and UK collective redundancy consultation
    • LexBlog United Kingdom
      The Employment Appeal Tribunal (EAT) has provided guidance on when the expiry of a fixed term contract will count toward the number of dismissals proposed by an employer that triggers collective ...
    ...  The Employment Appeal Tribunal (EAT) has provided guidance on when the expiry of a fixed term contract will count toward the number of dismissals proposed by an employer that triggers collective redundancy consultation obligations. The EAT held that ......
  • Getting in a fix on the expiry of a contract (UK)
    • LexBlog United Kingdom
    As we know, where an employee is engaged under one or a series of fixed-term contracts for a period of over 2 years, they acquire the right not to be unfairly dismissed. It is also the case that no...
    ...As we know, where an employee is engaged under one or a series of fixed-term contracts for a period of over 2 years, they acquire the right not to ......
  • Fixed-Term Contracts: A Round-Up Of Recent Cases
    • Mondaq United Kingdom
    ......Mr Allen's contract of employment with the Company provided that: "The employment is for a fixed term from 9 December 2002 to 31 July 2003". However, the contract also ......
  • Fixed Term Contracts And Unfair Dismissal
    • Mondaq UK
    ...... Regulations mean it will have acted fairly for the purposes of unfair dismissal law when a decision is made not to renew a fixed-term contract?. Not necessarily, said the EAT in Royal Surrey County NHS Foundation Trust v Drzymala. A locum consultant doctor had been employed on a series ......
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