The European Court of Justice has suggested that it may be possible for employers to justify engaging an individual for more than four years on a succession of fixed-term contracts as he or she moves around to cover work for different absent employees.
The High Court has listed some of the factors that a court may take into account when determining whether or not a provision, for example a provision in a disciplinary procedure, is apt for incorporation into an employee's contract of employment.
The Employment Appeal Tribunal has confirmed that an agreed variation of an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation.