EAT JURISDICTIONAL POINTS: Continuity of employment Company A dismissed the employee and went into creditors’ voluntary liquidation. Six weeks later, when the employee was absent due to a temporary cessation of work pursuant to the Employment Rights Act 1996 s212(3)(b), and so that time counted towards one year’s continuous employment under s108, Company B hired … Continue reading Da Silva Junior v Composite Mouldings and Design Ltd: EAT 18 Aug 2008

The claimant had been employed by the respondent, but after taking maternity leave had been made redundant. The employer claimed her continuous employment had been broken. Held: The section intended to protect continuous employment despite what might otherwise be breaks in employment. Nevertheless, the parties had to agree that employment would continue. That required both … Continue reading Curr v Marks and Spencer Plc: CA 13 Dec 2002

Employees employed under fixed term contracts with two week periods in between were not continuously employed despite the expectation of the renewal of employment and the use of same employee number and same lockers. Citations: Gazette 24-Mar-1999, [1999] IRLR 16 Statutes: Employment Rights Act 1996 212(3)(c) Jurisdiction: England and Wales Employment Updated: 28 April 2022; … Continue reading Booth et Al v United States of America: EAT 24 Mar 1999

EAT Transfer of Undertakings – JURISDICTIONAL POINTS – Continuity of employment The transferee employer appealed against a Decision of the Employment Tribunal (‘the ET’) that the employee’s continuity of employment was preserved by section 212(2) of the Employment Rights Act 1996, despite a transfer of the undertaking in which the employee was employed, between a … Continue reading Services for Education (S4E Ltd) v White and Another: EAT 10 Aug 2015

EAT JURISDICTIONAL POINTS – Worker, employee or neitherAppeal by an Army Cadet Force Adult Instructor from the judgment of an Employment Judge sitting alone that he was a volunteer and not in ’employment’ as defined by s68(1) Disability Discrimination Act 1995 as amended. Appeal dismissed. The Employment Judge was correct as his factual findings were … Continue reading Breakell v West Midlands Reserve Forces’ and Cadets’ Association Named As Shropshire Army Cadet Force: EAT 11 Apr 2011

EAT JURISDICTIONAL POINTSClaim in time and effective date of termination2002 Act and pre-action requirementsSTATUTORY DISCIPLINE AND GRIEVANCE PROCEDURESWhether infringedEDT – Step 1 Grievance – Continuing act (limitation). Citations: [2008] UKEAT 0352 – 08 – 1212 Links: Bailii Statutes: Employment Rights Act 1996 108(1) Citing: Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005 The claimant … Continue reading Tomlinson v Computer Software Group Ltd and others: EAT 12 Dec 2008

EAT JURISDICTIONAL POINTS – Continuity of employment The Employment Judge correctly analysed the circumstances leading to the termination of the Claimant’s first contract and the start of the second with an associated employer and found a gap of one week so destroying continuity under Employment Rights Act 1996 s 212(1). But there was no consideration … Continue reading Holt v EB Security Services: EAT 2 Mar 2011

EAT Unfair Dismissal When an employee is dismissed and then reinstated on an internal appeal it is open to the parties to agree reinstatement as a matter of contract and such an arrangement albeit made after the gap in the continuity of employment, fills in the gap for the purposes of section 212 of the … Continue reading London Probation Board v Kirkpatrick: EAT 7 Jan 2005

Whether the claimant was a ‘worker’. Judges: Maurice KayJ Citations: [2001] UKEAT 1456 – 00 – 1212 Links: Bailii Statutes: Employment Rights Act 1996 230(3) Jurisdiction: England and Wales Employment Updated: 14 June 2022; Ref: scu.204676

EAT Jurisdiction Judges: His Hon Judge J Altman Citations: EAT/18/02 Links: EAT Statutes: Employment Rights Act 1996 196 Jurisdiction: England and Wales Cited by: Appeal from – Serco Ltd v Lawson and Foreign and Commonwealth Office CA 23-Jan-2004 The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive … Continue reading Lawson v Serco Ltd: EAT 12 Dec 2002

EAT Unfair Dismissal : Procedural Fairness/Automatically Unfair Dismissal – Polkey deduction The Employment Judge found that the Claimant had been unfairly dismissed and that there should be no Polkey deduction. She erred in three respects: (1) she wrongly found that the reason for the dismissal was not potentially fair, when on any view it was … Continue reading South London and Maudsley NHS Foundation Trust v Balogun (Unfair Dismissal : Procedural Fairness/Automatically Unfair Dismissal): EAT 5 Dec 2014

EAT Jurisdictional Points : Worker, Employee or Neither – WORKING TIME REGULATIONS – Worker CONTRACT OF EMPLOYMENT – Whether established Employment status. The Claimant lodged a claim of unfair dismissal, age discrimination and a claim for holiday pay. The Respondent denied that he was an employee, arguing that he was a self-employed independent contractor. The … Continue reading Conroy v Scottish Football Association Ltd: EAT 12 Dec 2013