Cases6020648/2024

Claimant v Carmarthenshire County Council

8 September 2025Before Employment Judge S PoveyWalesremote video

Outcome

Claimant fails

Individual claims

Unlawful Deduction from Wagesfailed

The tribunal found that under Paragraph 1.1 of Section 3 of the Burgundy Book, the claimant did not complete a full term's service for the summer term 2024 (defined as 1 May to 31 August) as his employment ended on 19 July 2024. Therefore, he was not entitled to be paid one-third of a year's salary for that term and was properly paid only until his termination date.

Breach of Contractfailed

The tribunal held that the claimant's contract did not entitle him to payment beyond 19 July 2024, as he did not attain a full term's service as defined by the Burgundy Book. The contract terminated lawfully on expiry of the fixed-term and there was no breach.

Otherfailed

The claim under the Fixed-term Employees Regulations failed on two grounds: first, the less favourable treatment was not on the ground that the claimant was a fixed-term employee, but rather because the permanent teacher had returned to post; second, even if it were on that ground, it was objectively justified as the contract terms taken as a whole were at least as favourable, particularly regarding mutual absence of notice requirements.

Facts

The claimant was a substitute science teacher at a school covering maternity and sick leave on a fixed-term contract ending 19 July 2024, the last day of the summer term. Permanent teachers were paid through the summer holiday until 31 August 2024, but the claimant was not. He claimed this constituted unlawful deduction from wages, breach of contract, and less favourable treatment under the Fixed-term Employees Regulations.

Decision

The tribunal dismissed all claims. It held that under the Burgundy Book (the national terms and conditions for teachers), a 'full term's service' for the summer term meant service from 1 May to 31 August. The claimant's employment ended lawfully on 19 July 2024, so he did not complete a full term and was not entitled to payment until 31 August. The less favourable treatment was not on the ground of his fixed-term status, but because a permanent teacher had returned, and in any event it was objectively justified.

Practical note

Substitute teachers on fixed-term contracts covering absent permanent teachers are not entitled to be paid until the end of term if their contract expires mid-term, as they have not attained a 'full term's service' as defined in the Burgundy Book, and this differential treatment is objectively justified.

Legal authorities cited

Agarwal v Cardiff University [2018] EWCA Civ 2084Wood v Capita [2017] 2 WLR 1095Raymond Saul & LLP v Rashbrook [2025] EAT 129

Statutes

Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 reg.3Employment Rights Act 1996 s.27(1)(a)Employment Rights Act 1996 s.13Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 SI1623Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 reg.4

Case details

Case number
6020648/2024
Decision date
8 September 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
Carmarthenshire County Council
Sector
local government
Represented
Yes
Rep type
barrister

Employment details

Role
Substitute teacher of science
Service
1 years

Claimant representation

Represented
Yes
Rep type
barrister