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





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 386).



Normal standards of fairness apply. In Royal Surrey County NHS Foundation Trust v Drzymala [2018] UKEAT/0063/17/BA, the employer, an NHS Trust, tried to argue that the dismissal was fair because they had met all the requirements of the Fixed-Term Employees Regulations 2002 (see Chapter 2). The EAT disagreed. The dismissal was unfair because the Trust treated the claimant poorly, by failing to pursue a discussion about alternative roles and by not providing a right of appeal.