LRD guides and handbook July 2020

Law at work 2020 - the trade union guide to employment law

Chapter 10

Dismissal for ending and non-renewal of a fixed-term contract

[ch 10: page 372]

The ending and non-renewal of a fixed-term contract is a dismissal (section 95(1)(b), ERA 96). There will be a fair reason for non-renewal if the fixed-term contract was clearly advertised as temporary.

If a fixed-term contract is not renewed because of a reduced need for employees, there will be a redundancy dismissal (Pfaffinger v City of Liverpool Community College [1996] IRLR 508 (see Chapter 11: Redundancy, page 406).

Normal standards of fairness apply, including the need to look for alternative posts and to provide a right of appeal (Royal Surrey County NHS Foundation Trust v Drzymala [2018] UKEAT/0063/17/BA).