The Industrial Cases Reports
[2010] ICR 815
Court of Appeal
Secretary of State for Children Schools and Families
v
Fletcher
Duncombe
v
Secretary of State for Children Schools and Families
[2009] EWCA Civ 1355
2009 April 1,
2,
3;
Dec 14
Mummery, Maurice Kay, Jacob LJJ
Discrimination— Fixed-term employee— Justification— Teacher at school established under treaty by European Communities and member states— Employment on series of fixed-term contracts lasting 9 years— Staff regulations restricting employment to 9 years— Whether fixed-term contract justified on objective grounds— Teacher working at school in Germany— Whether statutory rights of fixed-term employee restricted to work in Great Britain—
Employment Rights Act 1996 (c 18), s 94(1)
—
Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034), reg 8(2)
—
Council Directive 99/70/EC, Annex, cl 5