Good news for employers using fixed-term contracts
By Helen Burgess
The Court of Session has confirmed that the expiry of fixed-term contracts does not trigger the requirement to collectively consult with appropriate representatives.
Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) specifies that ‘where an employer is proposing to dismiss as redundant 20 or more employees… the employer shall consult about the dismissals all the persons who are appropriate representatives of any of the employees who may be affected by the proposed dismissals or may be affected by measures taken in connection with those dismissals’. When deciding whether a dismissal amounts to a redundancy dismissal, it is necessary to consider whether the dismissal is for ‘a reason not related to the individual concerned’ (section 195 TULRCA). If it is not, then it will be deemed to be a dismissal for redundancy for the purposes of triggering collective consultation obligations.
In University College Union v University of Sterling, the issue arose as to whether the obligations to collectively consult under TULRCA were triggered by the expiry of certain fixed-term contracts…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
To clarify the key employment policies of each political party, Shoosmiths has summarised each of the parties’ positions below.
Three recent events have encouraged the Health and Safety Sentencing Council in its task…
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…