Cases3311203/2023

Claimant v The Chancellors, Masters and Scholars of the University of Oxford

5 February 2025Before Employment Judge PostleNorwichin person

Outcome

Claimant fails

Individual claims

Otherfailed

The tribunal found that the respondent's use of successive fixed-term contracts was justified on objective grounds. The claimant's employment was funded by external, time-limited research grants with no expectation of work continuing beyond grant funding. The use of fixed-term contracts responded to a genuine need to ensure contracts matched available grant funding and was appropriate and reasonably necessary for that purpose.

Facts

The claimant was employed as a Post Doctoral Research Assistant by the University of Oxford from October 2017 under successive fixed-term contracts, all funded by external research grants. The current contract ran from 1 April 2022 to 30 March 2025, funded by the Science and Technology Facilities Council. Having been continuously employed for over four years, the claimant sought a declaration that his contract should be made permanent under the Fixed Term Employees Regulations 2002. The respondent relied on the objective ground that research work was dependent on time-limited external grant funding with no expectation of continuation beyond available funding.

Decision

The tribunal dismissed the claim, finding that the use of successive fixed-term contracts was justified on objective grounds. The tribunal concluded the contracts responded to a genuine need to match employment to secured grant funding, were appropriate for that purpose, and reasonably necessary to ensure the department did not exceed available funds and retained flexibility for changing research priorities. The tribunal declined to assess whether the respondent's financial management was reasonable, focusing only on whether there was a genuine need.

Practical note

Universities can lawfully employ research staff on successive fixed-term contracts beyond four years where posts are funded by time-limited external grants with no reasonable prospect of continued funding, provided the genuine need for flexibility is established.

Legal authorities cited

Secretary of State for Children, Schools and Families v Fletcher [2011] UKSC 14Duncombe v Secretary of State for Children, Schools and Families [2011] ICR 495

Statutes

Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 Reg 8Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 Reg 9

Case details

Case number
3311203/2023
Decision date
5 February 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
barrister

Employment details

Role
Post Doctoral Research Assistant
Service
7 years

Claimant representation

Represented
Yes
Rep type
barrister