The claimant had been employed by the respondent on an 18-month fixed-term contract from January 2020 as a caseworker, he became permanent in July 2021 but resigned in April 2022. He started proceedings of discrimination, less favourable treatment as a fixed term employee and constructive unfair dismissal, largely based on a complaint that his line manager failed to inform him about a training course in May 2021, offered only to comparable permanent employees. The ET dismissed the claims, finding the training decision objectively justified and the fixed term complaint was out of time.

At the EAT, His Honour Judge Auerbach dismissed the appeal. The objective justification defence succeeded, despite a small error in the ET's reasoning, while the employer's reliance on the claimant being due to leave shortly after the course was not merely reliance on fixed-term status. The claim for constructive unfair dismissal also failed as the claimant resigned to take a better-paid job, not in response to any breach of the implied duty of trust and confidence.