Bower v Stevens & Anor

Bower v Stevens & Anor

Section 218(5) of the Employment Rights Act 1996 preserves continuity of employment where a partnership dissolves and one partner continues as sole principal; there is no sensible reason to exclude such cases from statutory protection.

Parties
Appellant: Mr M Bower; Respondent: Mrs C Stevens; Respondent: Mr RT Marc
Jurisdiction
England and Wales
Judgment Date
06 April 2004
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Continuity of Employment, Dissolution of Partnership, Redundancy, Unfair Dismissal
Employment Law Partnership Law Continuity of Employment Dissolution of Partnership Redundancy Unfair Dismissal

Case Brief

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Parties

Mr M Bower

Appellant

Mrs C Stevens

Respondent

Mr RT Marc

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether section 218(5) of the Employment Rights Act 1996 preserves continuity of employment where a partnership dissolves and one partner continues as sole principal
  2. 2 Whether section 218(2) of the Employment Rights Act 1996 applies to such a transfer

Ratio Decidendi

Section 218(5) of the Employment Rights Act 1996 preserves continuity of employment where a partnership dissolves and one partner continues as sole principal; there is no sensible reason to exclude such cases from statutory protection.

Court Disposition

appeal dismissed

Orders

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