In Duncombe and others v Secretary of State for Children, Schools and Families [2011] IRLR 498 SC, the Supreme Court held that the employment of teachers seconded to European Schools on successive fixed-term contracts was objectively justified. However, the teachers could bring unfair dismissal claims in Great Britain in respect of the non-renewal of those contracts, even though they worked wholly abroad.
The employer in this case got a review of its flexible working arrangements wrong by assuming that women's applications to retain their flexible working arrangements should be favoured over men's applications.
This article summarises the main issues and outcomes in five employment tribunal cases where the key issue was whether the employee resigned or was dismissed.
This is a rare instance, along with the decision in Barlow v Ranc Care Homes Ltd ET/1101527/10, of an employment tribunal ordering an employer to reinstate an unfairly dismissed employee.
In a decision that may appear harsh, the employment tribunal penalised the employer almost £3,000 for failing to follow the statutory right to request flexible working procedure to the letter, even though the managing director may have been distracted because he was dealing with possible redundancies at the same time.
The Supreme Court has held that teachers employed by the Government to work in European Schools, which it described as "international enclaves", are entitled to bring unfair dismissal claims in the UK.
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.