0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

expiry of fixed-term contracts and duty to collectively consult

16 January 2014

The expiry of a fixed term contract will amount to a dismissal which may be due to redundancy or ‘some other substantial reason’, but following the Court of Session’s decision in University College Union v University of Stirling, it will not necessarily be the case that the dismissal will count towards the numbers when determining whether 20 or more employees are ‘dismissed as redundant’.

The requirement to collectively consult applies where an employer proposes to dismiss as redundant 20 or more employees in a period of 90 days. “Dismiss as redundant” means “a dismissal for a reason not related to the individual concerned”.

The Court held that there was no general rule that dismissal on the expiration of a fixed-term contract was for a reason not related to the individual. Where the individual entered into a contract on a voluntary basis for a specific reason, e.g. to cover maternity or to carry out a particular project, that does relate to the individual.

related opinions

Lateral flow testing in schools

Lateral flow testing is underway in schools across England to provide rapid Covid-19 testing of staff and students in secondary schools and colleges.

View blog

Immigration rules post Brexit

Free movement between the UK and the EU ended on 31 December 2020. Since 1 January 2021, a new points-based immigration system applies to all migrants wanting to come to the UK, whether they are EU citizens or not.

View blog

School opening FAQ – 4 January 2021

Our FAQ has been put together to assist you in decision-making on school opening.

View blog

New Year, new-ish state aid rules

From 1 January 2021 the state aid principles set out in the Trade and Co-Operation Agreement are incorporated into law by the EU (Future Relationship) Act 2020.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up