University broke rules on consultation on redundancy for fixed term contract staff
A UNIVERSITY broke the law by axing fixedter m staff without consulting trade unions, the Supreme Court has ruled.
The court found Stirling University was wrong not to include the staff in a wider redundancy consultation when their contracts came to an end in 2009.
The University and College Union, which pursued the action, had always argued it should have been consulted because staff were effectively being made redundant.
After a lengthy legal battle, the Supreme Court backed the union and the matter will now be referred back to an employment tribunal.
Sally Hunt, general secretary of the UCU, said: “The ruling is vindication of the union’s determination that fixedterm workers should be on an equal footing with their permanent colleagues.
“It has taken six years, but now the highest court has agreed with us that these workers should not have been subjected to the hire and fire culture that Stirling University believed was appropriate for them at that time.
“We are optimistic the decision will have financial implications for fixedterm st aff at other universities who were part of claims we have lodged and we will continue to campaign to have the law reversed so casual staff in our universities are afforded much better protection.”
A spokesman said the university was ‘disappointed’ by the judgement, particularly after successful outcomes at both the Employment Appeal Tribunal and the Court of Session in Edinburgh.
He added: “This refers to the law prior to April 2013 which then changed to exclude all fixed term contracts from consideration under legislation on collective consultation.
“The legal process will now require both parties to return to Employment Tribunal to establish the facts and outcomes of two claims lodged prior to the change in the law.”