Litigation Recent Decisions 21/4/98

Validity of waiver clause in fixed-term contract

British Broadcasting Corporation v Linda Kelly-Phillips (1998)

CA (Evans LJ, Peter Gibson LJ, Thorpe LJ) 8/4/9The appellant (B) appealed against the decision of the Employment Appeal Tribunal which upheld the preliminary decision of the industrial tribunal that it had jurisdiction to hear the complaint of unfair dismissal against B by the respondent (K) because the term in her contract which purportedly waived the right to claim unfair dismissal was void. B submitted in the appeal that K's contract was for a "fixed term of one year or more" within the meaning of s.197(1) of the Employment Rights Act 1996 and that therefore the waiver clause was valid.