EAT JURISDICTIONAL POINTS
Worker, employee or neither
Continuity of employment
The employee, a casual worker, initiated a claim for unfair dismissal. The issue arose whether she had the requisite continuity of employment. The Tribunal found that there was a sufficient mutuality of obligations in the gaps when no work was performed to infer the existence of an umbrella or overarching contract. This gave the Tribunal jurisdiction. The EAT, by a majority, held that the Tribunal had been entitled to reach that view. Appeal dismissed. Discussion on relation between expectations and legal obligations.
Citations:
[2008] UKEAT 0107 – 08 – 2205
Links:
Jurisdiction:
England and Wales
Employment
Updated: 15 July 2022; Ref: scu.268115