Jones v. O'Brien [2005] ScotCS CSIH_56 (12 July 2005)

Jones v. O'Brien [2005] ScotCS CSIH_56 (12 July 2005)

The period of twelve calendar months beginning with 8 April 2002 ended with 7 April 2003, so the respondent had been continuously employed for not less than one year at the effective date of termination, making her claim for unfair dismissal admissible.

Citation
[2005] ScotCS CSIH_56
Parties
Appellant: Pacitti Jones; Respondent: Claire O'Brien
Jurisdiction
Scotland
Judgment Date
12 July 2005
Procedural Posture
Appeal Under Section 37 of the Employment Tribunals Act 1996 / Court of Session, Inner House, Extra Division
Outcome
appeal refused
Legal Topics
Computation of Continuous Employment, Unfair Dismissal, Statutory Interpretation
Employment Law Computation of Continuous Employment Unfair Dismissal Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Pacitti Jones

Appellant

Claire O'Brien

Respondent

Procedural Posture

Appeal Under Section 37 of the Employment Tribunals Act 1996 / Court of Session, Inner House, Extra Division

Legal Issues

  1. 1 Whether the respondent had been continuously employed for not less than one year ending with the effective date of termination under section 108(1) of the Employment Rights Act 1996

Ratio Decidendi

The period of twelve calendar months beginning with 8 April 2002 ended with 7 April 2003, so the respondent had been continuously employed for not less than one year at the effective date of termination, making her claim for unfair dismissal admissible.

Court Disposition

appeal refused

Orders

  • case remitted to the Employment Tribunal to proceed as accords