General of Salvation Army v Dewsbury: EAT 1984

An employment contract made on or about 1st April 1982, under which a teaching post was offered to and accepted by the respondent to commence on 1st May 1982. The 1st May was a Saturday and 3rd May was a Bank Holiday, so that the respondent only undertook her duties as from Tuesday, 4th May. This governed the calculation of the period of continuous employment. The issue was whether she had ‘started work’ on the Saturday or only on the Tuesday.
Held: This referred to the Saturday: ‘The phrase ‘starts work’ in section 151(3) is not intended to refer to the undertaking of the full time duties of the employment: it is intended to refer to the beginning of the employee’s employment under the relevant contract of employment.’

Citations:

[1984] ICR 498

Statutes:

Employment Protection (Consolidation) Act 1978 151(3)

Cited by:

CitedSarker v South Tees Acute Hospitals NHS Trust EAT 25-Mar-1997
CS The appellant applied for a job with the respondent. Her offer was confirmed in writing. When the offer was withdrawn before she began to work, she claimed damages under s131.
Held: The employment . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 04 May 2022; Ref: scu.244643