Mr J Cesar Mendes v Remora Cleaning Ltd (England and Wales : Fixed Term Regulations) [2019] UKET 2207196/2018 (10 April 2019)

Mr J Cesar Mendes v Remora Cleaning Ltd (England and Wales : Fixed Term Regulations) [2019] UKET 2207196/2018 (10 April 2019)

The Tribunal found that the respondent failed to provide objective justification for the less favourable treatment and non-renewal of the claimant's fixed-term contract, constituting a breach of the Regulations and unfair dismissal.

Citation
[2019] UKET 2207196/2018
Parties
Claimant: Mr J Cesar Mendes; Respondent: Remora Cleaning Ltd
Jurisdiction
United Kingdom
Judgment Date
10 April 2019
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

Mr J Cesar Mendes

Claimant

Remora Cleaning Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant's employment under a fixed-term contract was treated lawfully under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
  2. 2 Whether the claimant was unfairly dismissed

Ratio Decidendi

The Tribunal found that the respondent failed to provide objective justification for the less favourable treatment and non-renewal of the claimant's fixed-term contract, constituting a breach of the Regulations and unfair dismissal.

Court Disposition

Claim upheld

Orders

  • Respondent to pay compensation to the claimant for unfair dismissal and breach of the Fixed-term Employees Regulations