FIXED TERM CONTRACTS
14 November 2012
Does time worked under a training scheme count towards the four years a fixed-term employee needs to become permanent?
No, held the Court of Appeal in Hudson v Department of Work and Pensions .
Daniel Barnett’s Employment Law Bulletin reports:
The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 say that anyone employed under a succession of fixed-term contracts will become a permanent employee after four years "unless employment on a fixed term contract is objectively justified".
There is an exception for employees on a training / work-experience scheme arranged by the government or funded by the European Community.
In 2006 Ms Hudson began a fixed-term contract under such a scheme at the DWP (Department for Work and Pensions). This was extended several times until Ms Hudson became a Support Officer in 2009. This was also a fixed-term contract, but not part of a training scheme. In 2010 Ms Hudson argued that, having worked for more than four years under fixed-term contracts, she was a permanent employee. She was no longer working under a training scheme, so the exclusion did not apply.
The Court of Appeal disagreed, concluding that time worked under a training scheme does not count towards establishing the four year period.
DEMOTED EMPLOYEE WINS CASE FOLLOWING FACEBOOK POST
20 November 2012
A Christian who was demoted in his job for a comment he wrote on Facebook about gay marriages has won a breach of contract action against his employers.
Workplace Law reports that Adrian Smith, lost his managerial position, had his salary cut by 40% and was given a final warning by Trafford Housing Trust (THT) after saying gay weddings held in churches were ” an equality too far".
Mr Smith claimed that THT acted unlawfully in demoting him, and he alleged that the trust had breached his human rights.
The comments were not visible to the general public, and were posted outside work time, but the trust said he broke its code of conduct by expressing religious or political views which might upset co-workers. At London's High Court Mr Justice Briggs ruled in Mr smith’s favour, saying the trust did not have a right to demote Mr Smith as his Facebook postings did not amount to misconduct, and the demotion imposed by way of purported disciplinary sanction constituted a breach of contract.
High Court judge Mr Justice Briggs, said:
"Mr Smith was taken to task for doing nothing wrong, suspended and subjected to a disciplinary procedure which wrongly found him guilty of gross misconduct, and then demoted to a non-managerial post with an eventual 40% reduction in salary.
CIPP Policy News Journal
12/04/2013, Page 70 of 362
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