SD (Aberdeen) Ltd v Wright and Others (Jurisdictional Points – Continuity of Employment): EAT 14 Sep 2018

The Employment Tribunal had been faced with a dispute about whether the claimant was employed by one or more of a network of companies/business entities or was a self-employed contractor. The evidence illustrated that he had worked for more than one entity. Having decided that he had been an employee throughout the material period, the Tribunal concluded that the two relevant companies were associated employers for the purpose of sections 218(6) and 231 of the Employment Rights Act 1996. The respondents appealed.
Held :
( The respondents had been represented by someone who was a principal actor in both companies and who could have shed light on the legal structure and had failed to do so despite the argument having been put before the Tribunal by the claimant. Schwarzenbach v Jones UKEAT/0100/15/DM considered.
(ii) In those circumstances there had been sufficient material before the Tribunal about de facto control of both companies on which the conclusion about legal control had properly been reached.
(iii) In any event, the respondents had failed to address the Tribunal’s alternative conclusion that one company had employed the claimant throughout the relevant period, which would have given him the necessary continuity of employment for the purpose of bringing the claim.
Appeal dismissed.

:ady Wise
[2018] UKEAT 0003 – 18 – 1409
England and Wales


Updated: 12 November 2021; Ref: scu.631852