Winchester and Eastleigh Healthcare NHS Trust v Walker: EAT 24 Jun 2011

EAT UNFAIR DISMISSAL – Compensation
PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barkebr />The successful Claimant worked in the NHS from 1983 but for the Respondent Trust only from 2006. The dispute about this was raised in submissions on the basic award. The Employment Tribunal calculated back to 1983. The EAT allowed the jurisdictional point about Employment Rights Act 1996 s 218(8) to be raised and upheld the Trust’s appeal. Continuity does not arise in the NHS unless s 218, or TUPE, applies.

Judges:

McMullen QC J

Citations:

[2011] UKEAT 0048 – 11 – 2406

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 19 September 2022; Ref: scu.443568