Even if your employment contract is for a fixed term, the normal rules for unfair dismissal apply.
A recent case in Royal Surrey County NHS Foundation Trust v Drzymala confirms this.
Dr Drzymala was employed as a locum consultant doctor at Royal Surrey County NHS Foundation Trust, on a series of fixed-term contracts.
Before her contract was due to expire, a permanent vacancy arose.
She was interviewed for the job, but didn’t get it. Then she received notice that her fixed-term contract would not be extended.
Dr Drzymala lodged a grievance and was eventually allowed an appeal. When this was not upheld, she took her case to the employment tribunal.
The tribunal found that her dismissal was unfair.
The employer appealed against this decision, however, the appeal was rejected and the finding of unfair dismissal was upheld.
The reason was because the employer’s dismissal letter made no mention of a right of appeal or any alternative employment with the Trust.
What this means to you:
Even when your fixed term contract expires, your employer should follow a fair procedure.
That means they should:
• Tell you the expiry date in writing
• Arrange a meeting to discuss the expiry
• Inform of you your right to be accompanied to the meeting
• Send you a list of vacancies
• Give you a right to appeal against the decision
If that doesn’t happen, you might have a case for unfair dismissal.
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