Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 2002

EAT Contract of Employment – Breach of Contract
The appellant had owned a company. She sold the shares to the second respondent in return for a position as a director. After dismissal she appealed several findings.
Held: The tribunal deciding an issue as to jurisdiction had pre-empted the job of the tribunal of making findings as to the date of commencement and termination of her employment. The decision could not stand. She sought further payments due under the contract for sale of the business. The tribunal had concluded it did not have jurisdiction to hear such a claim. That was in error. The payments were denied under the alleged termination of her employment, and so were within the jurisdiction of the tribunal. The claims for sex discrimination and victimisation were out of time, and no exceptional reasons could be found for extending the time for the claim.


The Honourable Mr Justice Holland






Employment Rights Act 1996 94(1), Employment Tribunals Extension of Jurisdiction Order 1994 3, Employment Tribunals Act 1996


England and Wales


Updated: 06 June 2022; Ref: scu.168552