Dixon v British Broadcasting Corporation [1978] EWCA Civ 4 (05 October 1978)

Dixon v British Broadcasting Corporation [1978] EWCA Civ 4 (05 October 1978)

Contracts for a specified term, even if determinable by notice, are 'fixed term' for the purposes of unfair dismissal protection; expiry without renewal constitutes dismissal under the Act.

Citation
[1978] EWCA Civ 4
Parties
Applicant (respondent): Leonard David Dixon; Applicant (respondent): B. Constanti; Respondent (appellant): British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
05 October 1978
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Statutory Interpretation
Employment Law Unfair Dismissal Fixed Term Contracts Statutory Interpretation

Case Brief

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Parties

Leonard David Dixon

Applicant (respondent)

B. Constanti

Applicant (respondent)

British Broadcasting Corporation

Respondent (appellant)

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether employees under fixed term contracts with notice provisions are 'dismissed' within the meaning of the Trade Union and Labour Relations Act 1974
  2. 2 Interpretation of 'fixed term' in statutory employment protection

Ratio Decidendi

Contracts for a specified term, even if determinable by notice, are 'fixed term' for the purposes of unfair dismissal protection; expiry without renewal constitutes dismissal under the Act.

Court Disposition

Appeal dismissed

Orders

  • Claims remitted to tribunal for reconsideration
  • Appeal dismissed with costs