and
UKSC 36is a
011
UKSC 36is a UK labour law case, concerning the test for when the continued used of a fixed term contract is objectively justified, and when employees are covered by employment rights during work abroad. The case was joined with ''Secretary of State for Children, Schools and Families v Fletcher''.
During consideration of the case, Alan Rodger, Baron Rodger of Earlsferry">Lord Rodger died. He participated in judgment on the point about fixed term contracts, but not in the judgment on unfair dismissal.
Facts
Duncombe and other teachers were employed by the government to teach in various schools in the EU under the Statute of the European Schools. They taught children of officials and employees of the EU. They were claiming unfair dismissal because there was no objective justification for using fixed term contracts, and they contended they should be regarded as permanent under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 regulation 8. Alternatively, they claimed that they had been unfairly dismissed under the
Employment Rights Act 1996 section 94.
Fletcher, had worked at the
European School, Culham
The European School, Culham (ESC) was one of the fourteen European Schools and the only one in the United Kingdom. Located in Culham near Abingdon in Oxfordshire. It was founded in 1978 for the purpose of providing an education to the children ...
,
Oxfordshire
Oxfordshire is a ceremonial and non-metropolitan county in the north west of South East England. It is a mainly rural county, with its largest settlement being the city of Oxford. The county is a centre of research and development, primarily ...
, while Duncombe had worked at the
European School, Karlsruhe, Germany. The contracts were limited to nine years, or exceptionally ten years under the Regulations for Members of the Seconded Staff of the European Schools 1996. The Secretary of State claimed it was not for the court of one member state to question the Regulations, or that the nine-year rule was objectively justified. The Secretary of State also contended that Duncombe was not covered because he was outside the UK.
The Court of Appeal held successive fixed-term contracts for work in European schools was not objectively justified.
Judgment
Lady Hale and Lord Rodger decided that use of successive fixed term contracts was objectively justified under the Regulations.
Lord Mance
Jonathan Hugh Mance, Baron Mance, (born 6 June 1943) is a retired British judge who was formerly Deputy President of the Supreme Court of the United Kingdom.
Early life
Mance was born on 6 June 1943, (subscription required) one of four child ...
,
Lord Collins
Richard Henn Collins, Baron Collins (31 January 1842 – 3 January 1911) was an Anglo-Irish lawyer and judge.
Life
Born in Dublin, Collins was educated at the Royal School Dungannon and Trinity College Dublin (where he was elected a Scho ...
and
Lord Clarke agreed. The cross appeal concerned whether UK labour law applied so that there could be an unfair dismissal complaint under
ERA 1996 section 94, on which judgment was reserved. Lord Rodger died in the meantime.
On the cross appeal question, Lady Hale
011
The following is a list of different international call prefixes that need to be dialled when placing an international telephone call from different countries.
Countries by international prefix
Countries using optional carrier selection cod ...
UKSC 36 held that the teachers were protected by
Employment Rights Act 1996 section 94.
See also
*
UK labour law
Notes
{{reflist, 2
References
*
United Kingdom labour case law
2011 in case law
2011 in British law
Supreme Court of the United Kingdom cases