Fixed-term expiry and relationship breakdown: dismissal upheld as some other substantial reason

A long-running dispute ends in dismissal of all claims

This case involved a support worker who had been employed by the University of the West of England for over six years, funded by the government's Access to Work scheme. The role was always on fixed-term contracts, linked to the funding and the needs of the disabled professor he supported. When the professor went on long-term sick leave, the university began redundancy consultation and eventually decided not to renew the claimant's contract.

The claimant argued that his dismissal was unfair, that he had been penalised for whistleblowing, and that he had suffered discrimination and harassment. However, the tribunal found that the real reason for dismissal was the expiry of the fixed-term contract combined with an irretrievable breakdown in the working relationship – a potentially fair reason known as 'some other substantial reason'.

What the tribunal decided

The tribunal carefully examined each of the claimant's allegations. The whistleblowing claim failed because the disclosures the claimant had made – about his own treatment and concerns about the professor's care – were not made in the public interest. They were personal grievances. The discrimination and harassment claims were either brought too late or did not meet the legal tests. For example, the claim of associative discrimination (discrimination because of his association with a disabled person) was struck out because the Equality Act does not allow such claims.

The tribunal also rejected the claimant's argument that he should have been given a permanent contract under the Fixed-Term Regulations. The university was able to show that the use of fixed-term contracts was objectively justified, given the external funding arrangements and the nature of the role.

Key lessons for employees and employers

For employees, this case is a reminder that fixed-term contracts do not automatically become permanent after four years if the employer can justify their use. It also highlights the importance of bringing discrimination claims promptly – time limits are strict. For employers, the case shows that a breakdown in the working relationship, combined with a legitimate reason like contract expiry, can be a fair basis for dismissal, provided the employer acts reasonably.

The tribunal's decision was thorough and considered all the evidence over multiple hearings. Ultimately, the university was able to demonstrate that it had acted fairly and that the dismissal was for a substantial reason. No compensation was awarded.