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 him. Both companies were held in majority shareholding by the same person who dismissed and hired the employee. The Employment Judge erred in holding at a PHR that at the time of the re-hiring Company A did not exist. Both were associated employers over which the majority shareholder had control pursuant to s231(b), notwithstanding the role of the liquidator in A.
Citations:
[2008] UKEAT 0241 – 08 – 1808
Links:
Statutes:
Employment Rights Act 1996 212(3)(b) 231(b)
Citing:
Cited – Secretary of State for Health v Rance EAT 4-May-2007
EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 July 2022; Ref: scu.276686
