The Claimant was employed by the Respondent as a Locum Consultant Breast Surgeon under a series of fixed-term contracts. She acquired four years’ continuous service on 22 February 2020. The Claimant sought a declaration under regulation 9(5) of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (“FTR”) that she had become a permanent employee of the Respondent. In the circumstances of this case the Claimant would have become a permanent employee unless her continued employment under a fixed-term contract was justified on objective grounds. The ET had to answer the question: At the time of the most recent renewal, was employment under a fixed-term contract justified on objective grounds? The ET rejected the Claimant's claim, concluding that the use of a fixed-term contract in the Claimant’s case had been the subject of mutual consultation and it was neither abusive nor discriminatory in all the circumstances. The Respondent’s position that the Claimant’s contractual position was conditional upon the service review and agreement as to the way forward for the Breast Service, as well as being fixed term and not permanent in nature, has been clear and transparent throughout. The Claimant appealed.

The EAT dismissed the appeal. There was no error of law in the ET's analysis of the matter and it's reasoning was more than sufficient.