Mrs Hudson was employed by the Department for Work and Pension (“the Department”) under successive fixed term contracts. The first two lasted in total a period of three years and were offered pursuant to a Government scheme. At the end of the scheme Mrs Hudson secured a further fixed term of 18 months in the post of Diary Administrative Support Officer.
When Mrs Hudson had been working for the Department for four years she sought confirmation that she was now a permanent employee pursuant to Regulation 8 of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. Regulation 8 provides that:
"(1) This regulation applies where – (a) an employee is employed under a contract purporting to
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