Mr M Nair v Consulate General of India Birmingham — 2019

The tribunal dismissed Mr M Nair's complaint of less favourable treatment under the Fixed-term Employees (Less Favourable Treatment) Regulations 2002. It found, however, that he had continuity of employment from 3 September 2012 to 18 April 2018 and had become a permanent employee by 3 September 2016, notwithstanding the respondent's continued issue of fixed-term contracts after that date.

The tribunal found that Mr Nair was summarily dismissed without notice on 18 April 2018 by reason of redundancy, even though the dismissal appeared to be the expiry of a fixed-term contract without notice or renewal. It held that the dismissal was both unfair and wrongful. The request for reinstatement was refused, and the unfair dismissal award was a basic award of £1,827.66 and a compensatory award of £2,675.06, including £525.00 for loss of statutory rights.

The tribunal also found that the respondent had been in continuing breach of Mr Nair's entitlement to annual leave and payment for annual leave under the Working Time Regulations 1998 throughout the period of continuous employment, and awarded just and equitable compensation of £9,381.68. It further found a breach of the obligation to provide written particulars of employment and awarded £1,218.44 for that failure. Mr Nair's complaint of direct discrimination because of religion was dismissed. The tribunal stated that the Recoupment Regulations did not apply.