WKCIC Group (T/a Capital City College Group)

Case Summary

The case involved a claimant who was not considered a fixed-term employee, leading to the dismissal of claims related to less favourable treatment.

The tribunal dismissed the claims because the claimant was not considered a fixed-term employee, which was a necessary prerequisite for the less favourable treatment claims to succeed.

• •The Claimant was not a “fixed-term employee” within the meaning of reg.1(2) Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. She was employed on a contract of indefinite duration with continuity of employment since 3 September 2018.

Case No: 3302020/2023 EMPLOYMENT TRIBUNALS Claimant: Ms R King Respondent: WKCIC Group t/a Capital City College Group Heard at: Watford On: 13 October 2023 Before: Employment Judge Caiden Appearances Claimant: Mr Philip Naylor (lay representative) Respondent: Mr Tom Brown (counsel) JUDGMENT The Claimant was not a “fixed-term employee” within the meaning of reg.1(2) Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. She was employed on a contract of indefinite duration with continuity of employment since 3 September 2018. Accordingly, the claims of less favourable treatment of a fixed-term employee (reg.3), right to received written statements for less favourable treatment (reg.5), right to received written statement of variations (reg.9) are therefore dismissed because the Tribunal does not have jurisdiction to determine them. Employment Judge Caiden 13 October 2023 JUDGMENT SENT TO PARTIES ON 3 December 2023 T Cadman FOR EMPLOYMENT TRIBUNALS Note Written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 3302020/2023 Public access to employment tribunal decisions Public access to employment tribunal decisions: Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.