![[Basket]](images/basket.png){kind=small}
Your order![[cover image]](images/issue/BK201411.jpg)
Non-renewal of a fixed-term contract
[ch 4: pages 49-50]The fact that a role was originally offered on a temporary or fixed-term basis can be a “substantial reason” for dismissal where the term ends or the post-holder returns, leading to the non-renewal of the fixed-term contract. Whether or not the dismissal is fair will depend on factors such as whether or not the temporary nature of the post was spelled out when it was offered, and, where appropriate, whether the employer tried to find another role.
The ending of a fixed-term contract due to the return of the original post-holder will not be a redundancy:
After three years of working for the Greater Glasgow Health Board, Ms Lamont accepted a temporary transfer to a new two year fixed-term post as Junior Doctor Monitoring and Liaison Officer, covering a colleague’s secondment. When her colleague returned, Lamont was dismissed. She claimed a redundancy payment but the EAT ruled that the reason for her dismissal was not redundancy. Instead it was the ending of the fixed-term contract on the planned return of the original post-holder. No redundancy payment was due.
Greater Glasgow Health Board v Lamont UKEATS/0019/12/B1
Remember that fixed-term employees also have separate rights under the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
See LRD’s annual employment law guide Law at Work for further information (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1723).