Miss TE Raymond v NHS Devon Clinical Commissioning Group (England and Wales : Fixed Term Regulations) [2020] UKET 1403312/2019 (24 February 2020)

The tribunal found that the claimant was treated less favourably than a comparable permanent employee and that the respondent failed to provide objective justification for the treatment.

Citation: [2020] UKET 1403312/2019
Parties: Claimant: Miss TE Raymond; Respondent: NHS Devon Clinical Commissioning Group
Jurisdiction: United Kingdom
Judgment Date: 24 February 2020
Procedural Posture: Employment Tribunal / Judgment
Outcome: Claim upheld
Legal Topics: Fixed Term Regulations, Unfair Dismissal

Employment Law Fixed Term Regulations Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Miss TE Raymond

Claimant

NHS Devon Clinical Commissioning Group

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

1 Whether the claimant's fixed-term contract was treated less favourably than a comparable permanent employee
2 Whether the respondent breached the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

Ratio Decidendi

The tribunal found that the claimant was treated less favourably than a comparable permanent employee and that the respondent failed to provide objective justification for the treatment.

Court Disposition

Claim upheld

Orders

Respondent to pay compensation to the claimant
Respondent to review its fixed-term contract policies