The employee worked for Company A from 1948 to 1970. In 1970 he accepted employment with a related Company B, on the understanding that his employment with A would be treated as continuous. Upon his dismissal by B in 1975 on grounds of redundancy, he claimed a redundancy payment on the basis of continuous service since 1948.
Held: He could only count service with B from 1970 for the purposes of his redundancy entitlement. The reason was that under the statute A and B were not associated employers. Accordingly there was no continuity of service following the change of employer. A personal estoppel cannot extend the statutory jurisdiction of the Indistrial Tribunal or create a jurisdiction which the statute did not in fact confer
Lord Wilberforce said that estoppel did not arise in a situation where there was a contract to retain the benefit of the previous employment because ‘Even if an estoppel may give rise to a contractual obligation, it does not follow, and it would be a strange doctrine, that a contract gives rise to an estoppel.’
Lord Wilberforce
[1980] AC 506, [1979] IRLR 327
England and Wales
Cited by:
Cited – Ahsan v Carter CA 28-Jul-2005
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.229692
