header-logo header-logo

04 February 2010 / David Tyme
Issue: 7403 / Categories: Features , Employment
printer mail-detail

New territory

David Tyme explores the territorial scope of unfair dismissals

Mr Duncombe was employed by the secretary of state for children, schools and families (the department) as a teacher to work in a European school in Germany. The majority of  teachers seconded to the school were centrally employed by the state.

However, teachers from the UK were usually employed by the local authority or by the school’s governing body. The prevailing Staff Regulations limits, save in exceptional circumstances, a secondment to nine years whereafter the secondment terminates.

Duncombe was employed on successive fixed term contracts, between January 1996 and September 2006 and commenced proceedings alleging unfair and wrongful dismissal following the expiration of his final fixed term contract.

The fundamental issue for determination was whether his contract of employment is to be viewed as a fixed term employment contract with an objectively justifiable maximum term of nine years or whether the contract was converted by virtue of the Fixed-Term Employees (Prevention of less Favourable Treatment) Regulations 2002 (SI 2002/2034) (The 2002 Regulations) into a permanent contract

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll