expiry of fixed terms – do they count for consultation duties?

Fixed term contracts have become very popular in the public sector, not least as the result of the need for strict budgeting and frequent funding reviews. This is nowhere more so than in the academic world. University of Stirling v University & College Union deals with whether fixed term workers whose contracts are not being renewed should be counted when totting up the number of employees being made redundant at one time for the purpose of working out whether the duty to carry out collective consultation is triggered. As most readers will be are there are special procedures to be applied in the event that more than 20 redundancies are proposed at one establishment in any period of 90 days. This triggers an obligation to notify the Redundancy Payments Service and a minimum consultation period of 30 days. In this case the decision turned on whether the employees whose contracts ended were made redundant – which for this purpose means being dismissed
… for a reason not related to the individual concerned or for a number of reasons all of which are not so related.
The Court of Session concluded that non-renewal of the fixed terms was a reason related to the individual employee – so these dismissals did not count as redundancies. This conflicts with previous decisions of the Employment Appeal Tribunal which assumed that non renewal of a fixed term was not a reason relating to the individual (Lancaster University v The University & College Union [2011] IRLR 4).