Miss D Gallagher v NHS Professionals (England and Wales : Fixed Term Regulations) [2020] UKET 3326316/2019 (17 January 2020)

The tribunal found that the claimant was treated less favourably and that the respondent failed to provide objective justification for the difference in treatment, thus breaching the Regulations.

Citation: [2020] UKET 3326316/2019
Parties: Claimant: Miss D Gallagher; Respondent: NHS Professionals
Jurisdiction: United Kingdom
Judgment Date: 17 January 2020
Procedural Posture: Employment Tribunal / Judgment
Outcome: Claim upheld
Legal Topics: Fixed Term Regulations, Unfair Treatment, Employment Rights

Employment Law Fixed Term Regulations Unfair Treatment Employment Rights

Case Brief

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Parties

Miss D Gallagher

Claimant

NHS Professionals

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

1 Whether the claimant was treated less favourably under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

Ratio Decidendi

The tribunal found that the claimant was treated less favourably and that the respondent failed to provide objective justification for the difference in treatment, thus breaching the Regulations.

Court Disposition

Claim upheld

Orders

Respondent to compensate claimant for less favourable treatment
Respondent to review employment practices to ensure compliance with Fixed-term Employees Regulations