Bower v Stevens & Anor [2004] EWCA Civ 496 (06 April 2004)

Bower v Stevens & Anor [2004] EWCA Civ 496 (06 April 2004)

Section 218(5) of the Employment Rights Act 1996 preserves continuity of employment where a partnership is dissolved and the business is carried on by one of the former partners as sole principal; the statutory purpose is to protect employees' rights regardless of whether the employer changes from a partnership to a sole proprietor.

Citation
[2004] EWCA Civ 496
Parties
Appellant/respondent: Mr M Bower; Respondent/applicant: Mrs C Stevens; Respondent/applicant: Mr RT Marc
Jurisdiction
England and Wales
Judgment Date
06 April 2004
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Continuity of Employment, Dissolution of Partnership, Redundancy, Unfair Dismissal, Statutory Interpretation
Employment Law Partnership Law Continuity of Employment Dissolution of Partnership Redundancy Unfair Dismissal Statutory Interpretation

Case Brief

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Parties

Mr M Bower

Appellant/respondent

Mrs C Stevens

Respondent/applicant

Mr RT Marc

Respondent/applicant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether section 218(5) of the Employment Rights Act 1996 preserves continuity of employment when a partnership dissolves and is succeeded by a sole principal
  2. 2 Whether section 218(2) of the Employment Rights Act 1996 applies to such a transfer
  3. 3 Whether the employees' claims were brought in time

Ratio Decidendi

Section 218(5) of the Employment Rights Act 1996 preserves continuity of employment where a partnership is dissolved and the business is carried on by one of the former partners as sole principal; the statutory purpose is to protect employees' rights regardless of whether the employer changes from a partnership to a sole proprietor.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondents' costs to be paid by the appellant on the standard basis