Fixed-term workers

Case 1: The facts

Ms Donovan worked on a fixed-term contract. When her contract came to an end, she was not offered another one. She claimed that she had been treated less favourably because she was a fixed-term employee.

The ruling

The Employment Appeal Tribunal (EAT) noted that the employer could and would have offered Donovan a full-time contract or a job share of 21 or 171/2 hours a week, but that she would only accept a contract for 28 hours a week. The EAT found that the reason she was not offered an alternative post was her intransigence over the hours and not because she was fixed-term.

Donovan v The Housing Corporation UKEAT/0444/04

Case 2: The facts

Atasha Webley was employed as an administrative officer on a series of fixed-term contracts. Her employment was terminated after 51 weeks' service, even though other temporary workers were still being taken on.

Her employer had a policy that all temporary employees were dismissed after 51 weeks, whether or not there was still work to be done.

The ruling

The Court of Appeal held that the non-renewal of a fixed term contract cannot amount to less favourable treatment for the purpose of the fixed-term employees regulations. By their very nature, fixed-term contracts come to an end at some point.

Department for Work & Pensions v Webley [2005] IRLR 288