Dorset County Council v. Omenaca-Labarta [2008] UKEAT 0092_08_1310 (13 October 2008)

Dorset County Council v. Omenaca-Labarta [2008] UKEAT 0092_08_1310 (13 October 2008)

The tribunal erred in not giving sufficient weight to the fixed-term nature of the position as a possible justification, but on the facts, the employer failed to justify the less favourable treatment and unfair dismissal, as the part-time status was the operative reason for termination and alternatives were not properly considered.

Citation
[2008] UKEAT 0092_08_1310
Parties
Appellant: Dorset County Council; Respondent: Mr Labarta
Jurisdiction
United Kingdom
Judgment Date
13 October 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Part Time Workers, Fixed Term Contracts, Unfair Dismissal, Less Favourable Treatment
Employment Law Part Time Workers Fixed Term Contracts Unfair Dismissal Less Favourable Treatment

Case Brief

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Parties

Dorset County Council

Appellant

Mr Labarta

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the termination of a part-time fixed-term employee constituted less favourable treatment under the Part-time Workers Regulations
  2. 2 Whether the dismissal was unfair
  3. 3 Whether the fixed-term nature of the contract could justify the treatment

Ratio Decidendi

The tribunal erred in not giving sufficient weight to the fixed-term nature of the position as a possible justification, but on the facts, the employer failed to justify the less favourable treatment and unfair dismissal, as the part-time status was the operative reason for termination and alternatives were not properly considered.

Court Disposition

Appeal dismissed

Orders

  • Tribunal's findings of less favourable treatment and unfair dismissal upheld