Hudson v Department for Work and Pensions

Hudson v Department for Work and Pensions

Regulation 18 operates as a total exclusion from the Regulations for periods of employment under government training schemes, meaning such periods cannot be counted towards the four-year period required for conversion to permanent status under Regulation 8. The exclusion is not limited to current employment under such schemes but applies to any period covered by them.

Parties
Appellant: Hudson; Respondent: Department for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; decision of the Employment Tribunal restored.
Legal Topics
Fixed Term Contracts, Employment Protection, Government Training Schemes, Exclusions Under Employment Regulations
Employment Law Statutory Interpretation Fixed Term Contracts Employment Protection Government Training Schemes Exclusions Under Employment Regulations

Case Brief

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Parties

Hudson

Appellant

Department for Work and Pensions

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether periods of employment under government training scheme fixed-term contracts are excluded from counting towards the four-year period for conversion to permanent employment under Regulation 8 of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 due to Regulation 18.

Ratio Decidendi

Regulation 18 operates as a total exclusion from the Regulations for periods of employment under government training schemes, meaning such periods cannot be counted towards the four-year period required for conversion to permanent status under Regulation 8. The exclusion is not limited to current employment under such schemes but applies to any period covered by them.

Court Disposition

Appeal allowed; decision of the Employment Tribunal restored.

Orders

  • The appeal is allowed.
  • The decision of the Employment Tribunal is restored, dismissing the employee's claim for permanent status.