Temporary contracts

Case 1: The facts

Sinead Lucey, who has cystic fibrosis, had been employed on a temporary contract which was not renewed. Her employers decided to make the job permanent but to add a responsibility point. Lucey was not successful in securing the post, and claimed that she had been discriminated against on the ground of her disability.

The ruling

The EAT found as a fact that, once the employers knew about Lucey's disability (of which they were initially unaware), actions were taken against her - in particular, comments about her suitability - which suggested there was discrimination.

The tribunal that had heard (and rejected) her claim had not made it clear to her why she was not successful. In the light of the evidence available, the EAT ruled that a new tribunal should re-hear her case, taking into account not just what had happened but all the circumstances surrounding the appointment procedures.

Lucey v The Governors of Holy Cross Catholic School EAT/0682/03