Updated to reflect that the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, which extend redundancy protection for pregnant employees and new parents, come into force on 6 April 2024.
Updated to include information on Leaney v Loughborough University, in which the EAT considered if a delay in resigning affirmed the contract of employment.
In Royal Surrey County NHS Foundation Trust v Drzymala, the Employment Appeal Tribunal considered the fairness of an employee's dismissal by her employer's decision not to renew her fixed-term contract, including the effect of the employer's compliance with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
The employment tribunal in this case concluded that it was open to an NHS trust to decide not to renew a consultant anaesthetist's fixed-term contract because it had recruited a number of permanent anaesthetists to take on the work.
The employment tribunal in this case concluded that it was not unfair for a university to decide against renewing an associate tutor's fixed-term contract because the work that he had been doing was taken over by permanent staff.