Kilraine v Lion Academy Trust UKEAT/0194/17/BA

Appeal against a finding that the Claimant, who was on a fixed term contract, was not dismissed for making protected disclosures. The Claimant also appealed against the amount of damages awarded after a finding that the Respondent had not given her the requisite amount of notice and the Respondent cross-appealed against this decision. Appeal dismissed and cross-appeal allowed.

The Claimant worked as a teacher on a fixed term contract which ended in August 2014. She was advised that there were positions she could apply for but she was unsuccessful. She had raised a grievance against the Headteacher and made various protected disclosures. She claimed unfair dismissal when her employment was terminated at the end of the fixed term contract, claiming that she had been dismissed for making those protected disclosures. The ET dismissed the claim but went on to find that the Respondent should have given her 3 months notice of termination. The Claimant appealed against the unfair dismissal decision and against the notice period, saying that it should have been until the end of term. The Respondent cross-appealed, arguing that no notice was required because the fixed term contract came naturally to an end.

The EAT dismissed both appeals and allowed the cross-appeal. The Claimant was employed under a fixed-term contract and was not entitled to notice of termination of her contract. The decision not to renew her contract was taken because she was assessed and her performance was judged to be extremely poor. The decision was not made on the ground that she made protected disclosures.

Published: 09/07/2018 15:43

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