14/12/2009 - The European Schools' requirement for teachers to leave after 9 years is incompatible with employment law

Duncombe & Ors v Secretary of State for Children, Schools & Families [2009] EWCA Civ 1355

The Court of Appeal has held that teachers employed by the Government and seconded to the European Schools are deemed to be permanent employees under the Fixed Term Work Regulations because the European Schools' requirement that they must leave after nine years is not an objective justification for fixed term employment.  The Court also held that the teachers could bring claims for unfair and wrongful dismissal even though their employment took place outside the United Kingdom, because their contracts were governed by English law and their European employment rights were directly effective.