Employment Tribunal - Fixed Term Employment discrimination

Motormouse

Facts:
1) My wife has worked 20 years for the NHS (reckonable service) although less than 1 year for this NHS employer.
2) 15 hours a week perm contract
3) 18.6 hours a week fixed term contract
4) A member of staff makes false claims of bullying and harassment against my wife
5) Fixed term contract terminated without reason
6) Investigation held for the 15 hour perm p/time contract
7) Held at hearing the claim was false and made in malice against my wife

The claim is for discrimination against a fixed term employee in that this element of the contract was entitled to a fair hearing under the disciplinary policy.

The employer also failed to follow statutory proceedure and ACAS code of conduct.

Now you can understand why the Judge allowed this direction at a PHR.

The contract was initially for 6 months and was 4 months in, but the post would have been extended another 6 months should the former had not occured.

Motormouse

Notmyrealname wrote: »

I suggest you find someone to represent your wife who actually knows what they're doing otherwise she could find herself paying the NHS costs for defending the claim.

Yes I appreciate your comment but having studied employment law for the past 4 months getting to grips with this case I have a basic idea. BUT getting legal represenation would cost £5k and my wife is not greedy by going for gold £'000s.

Case ref: Allen vs National Australia Groupd Ltd 2004

MrSnuggles

So your wife's fixed contract of 6 months was terminated because she was harrassing/bullying someone?

Even if that person can't prove it it's still a complaint against her, a valid reason for dismissal when she's in probation.

The most you'd get is compensation for the remaining two months anyway. You can blame the employer and try to ask for 6+ months of cash just because your wife can't find work. That's not the employer's fault.

Motormouse

MrSnuggles wrote: »

So your wife's fixed contract of 6 months was terminated because she was harrassing/bullying someone?

Even if that person can't prove it it's still a complaint against her, a valid reason for dismissal when she's in probation.

The most you'd get is compensation for the remaining two months anyway. You can blame the employer and try to ask for 6+ months of cash just because your wife can't find work. That's not the employer's fault.

It wasn't a valid complaint. It wasn't probation for a fixed term contract. Are 100% sure that compensation is limited to the remainder of the contract then? There is evidence to suggest the contract would have been renewed for a further 6 months.

wnoktnwbr

MrSnuggles wrote: »

So your wife's fixed contract of 6 months was terminated because she was harrassing/bullying someone?

Even if that person can't prove it it's still a complaint against her, a valid reason for dismissal when she's in probation.

The most you'd get is compensation for the remaining two months anyway. You can blame the employer and try to ask for 6+ months of cash just because your wife can't find work. That's not the employer's fault.

I think the issue is she had 2 contracts:

A permanent 15 hour per week contract
A fixed term 18.6 hour per-week contract

So in total she was working 33.6 hours per week, but it was part of 2 separate employment contracts.

A complaint was made against her.

The fixed term contract was terminated without any process; complaint made -> contract terminated, then they held a hearing for the suspension of the permanent contract.

Regardless of the result the fixed term contract is gone. They want to sue for unfair loss of earnings for the remainder of the fixed contract and possibly for future earnings she would have had as the fixed term contract was due to be extended.

Is this correct Motormouse?

Motormouse

wnoktnwbr wrote: »

I think the issue is she had 2 contracts:

A permanent 15 hour per week contract
A fixed term 18.6 hour per-week contract

So in total she was working 33.6 hours per week, but it was part of 2 separate employment contracts.

A complaint was made against her.

The fixed term contract was terminated without any process; complaint made -> contract terminated, then they held a hearing for the suspension of the permanent contract.

Regardless of the result the fixed term contract is gone. They want to sue for unfair loss of earnings for the remainder of the fixed contract and possibly for future earnings she would have had as the fixed term contract was due to be extended.

Is this correct Motormouse?

Spot on! Also failure to follow ACAS code of conduct, statutory process.

Motormouse

Below is ths legislation which I'm very confident has been broken. I'm trying to work out how compensation is calculated. Income for the remainder of the contract plus future loss perhaps? I can't find any other cases comparable anywhere.

www. legislation.gov.uk/uksi/2002/2034/contents/made
Part 2, s3.
Less favourable treatment of fixed-term employees

3.—(1) A fixed-term employee has the right not to be treated by his employer less favourably than the employer treats a comparable permanent employee—
(a)as regards the terms of his contract; or
(b)by being subjected to any other detriment by any act, or deliberate failure to act, of his employer.
(2) Subject to paragraphs (3) and (4), the right conferred by paragraph (1) includes in particular the right of the fixed-term employee in question not to be treated less favourably than the employer treats a comparable permanent employee in relation to—
(a)any period of service qualification relating to any particular condition of service,
(b)the opportunity to receive training, or
(c)the opportunity to secure any permanent position in the establishment.

Jarndyce

I'm sure there's a blog post on this site explaining how to construct a schedule of loss, or if not, buy their excellent book (no I'm not connected).

http://etclaims.co.uk/

bevanuk

I know this is off topic - where has SarEl gone?

getmore4less

Is there any continuity of employment from a previous NHS employer?

that would change the situation with the fixed term since it could not be just terminated at the end if if sufficient service.