Chaffer v. Southern Birmingham Community Health NHS Trust [2001] UKEAT 0672_00_2109 (21 September 2001)

An agreement to extend a fixed term contract after its expiry constitutes a renewal for the purposes of Section 197(1) Employment Rights Act 1996, enabling valid waiver of unfair dismissal rights.

Citation: [2001] UKEAT 0672_00_2109
Parties: Appellant: Mr Chaffer; Respondent: The Respondent Trust
Jurisdiction: United Kingdom
Judgment Date: 21 September 2001
Procedural Posture: Employment Appeal / Appeal Against Employment Tribunal Preliminary Decision
Outcome: Appeal dismissed
Legal Topics: Fixed Term Contracts, Unfair Dismissal, Waiver of Rights

Employment Law Fixed Term Contracts Unfair Dismissal Waiver of Rights

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2

Parties

Mr Chaffer

Appellant

The Respondent Trust

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Preliminary Decision

Legal Issues

1 Whether a fixed term contract can be renewed by agreement after expiry of the original term for purposes of unfair dismissal waiver under Section 197(1) Employment Rights Act 1996

Ratio Decidendi

An agreement to extend a fixed term contract after its expiry constitutes a renewal for the purposes of Section 197(1) Employment Rights Act 1996, enabling valid waiver of unfair dismissal rights.

Court Disposition

Appeal dismissed

Orders

Employment Tribunal decision affirmed
Appellant precluded from bringing unfair dismissal complaint