Kilraine v Lion Academy Trust (CONTRACT OF EMPLOYMENT - Implied term - variation - construction of term) [2018] UKEAT 0194_17_2703 (27 March 2018)

Kilraine v Lion Academy Trust (CONTRACT OF EMPLOYMENT - Implied term - variation - construction of term) [2018] UKEAT 0194_17_2703 (27 March 2018)

The claimant's fixed-term contract expired by effluxion of time and was not terminated by notice; the Burgundy Book notice provisions did not apply. The seventh alleged protected disclosure was merely a repetition and not a qualifying disclosure. The respondent discharged the burden of proof that dismissal was due to poor performance, not protected disclosures; there was no unfair or automatically unfair dismissal.

Citation
[2018] UKEAT 0194_17_2703
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
27 March 2018
Procedural Posture
Employment Appeal / Appeal and Cross Appeal
Outcome
appeal dismissed, cross-appeal allowed
Legal Topics
Fixed Term Contracts, Unfair Dismissal, Protected Disclosures, Notice Requirements
Employment Law Fixed Term Contracts Unfair Dismissal Protected Disclosures Notice Requirements

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the claimant was entitled to notice of termination under the Burgundy Book for a fixed-term contract
  2. 2 Whether the seventh alleged protected disclosure constituted a protected disclosure under the Employment Rights Act 1996
  3. 3 Whether the claimant was unfairly dismissed, including automatically unfair dismissal for making protected disclosures

Ratio Decidendi

The claimant's fixed-term contract expired by effluxion of time and was not terminated by notice; the Burgundy Book notice provisions did not apply. The seventh alleged protected disclosure was merely a repetition and not a qualifying disclosure. The respondent discharged the burden of proof that dismissal was due to poor performance, not protected disclosures; there was no unfair or automatically unfair dismissal.

Court Disposition

appeal dismissed, cross-appeal allowed

Orders

  • No entitlement to notice under Burgundy Book for fixed-term contract
  • No unfair dismissal found