Source: All England Reporter
Publisher Citation: [2008] All ER (D) 133 (Oct)
Court: Employment Appeal Tribunal
Judge:

Judge McMullen QC, Mr I Ezekiel and Mr P Smith

Representation Nigel Giffin QC (instructed by Reynolds Porter Chamberlain LLP) for the employee.
  Bruce Carr and Maya Lester (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 30 September 2008

Catchwords

Employment - Contract of service - Fixed-term contracts - Employee teacher working in European school pursuant to fixed-term contract - Staff regulations providing for total fixed term of nine years - Whether limit lawful - Fixed-Term Employment (Less Favourable Treatment) Regulations 2002, - Fixed-Term Working Directive (EC) 99/70.

The Case

Employment Contract of service. Employment Appeal Tribunal: The limitation of nine years placed upon teachers employed on fixed term contracts in European schools was not permissible in the light of the provisions of the Fixed-Term Employment (Less Favourable Treatment) Regulations 2002, and the Fixed-Term Working Directive (EC) 99-70.

Practice Areas

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