Estephane v. Barts and Royal London NHS Trust [2007] UKEAT 0102_07_2903 (29 March 2007)

Estephane v. Barts and Royal London NHS Trust [2007] UKEAT 0102_07_2903 (29 March 2007)

Continuous employment for the purposes of unfair dismissal under section 108 of the Employment Rights Act 1996 begins when the employee actually starts work, not when the contract is formed. The Claimant's employment began on 14 March 2005, when he attended induction and started work, and ended on 25 January 2006, the date of summary dismissal. Payments for accrued holiday after dismissal do not extend the period of employment. As the Claimant had less than one year's continuous service, the Tribunal lacked jurisdiction to hear the unfair dismissal claim.

Citation
[2007] UKEAT 0102_07_2903
Parties
Appellant/claimant: Mr D Estephane; Respondent/employer: Barts and the London NHS Trust
Jurisdiction
United Kingdom
Judgment Date
29 March 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Continuous Employment, Jurisdiction, Time Limits
Employment Law Unfair Dismissal Continuous Employment Jurisdiction Time Limits

Case Brief

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Parties

Mr D Estephane

Appellant/claimant

Barts and the London NHS Trust

Respondent/employer

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 What is the correct start date for continuous employment for the purposes of unfair dismissal under section 108 of the Employment Rights Act 1996?
  2. 2 What is the correct termination date for the purposes of continuous employment?
  3. 3 Does the Employment Tribunal have jurisdiction if the employee has less than one year's continuous service?

Ratio Decidendi

Continuous employment for the purposes of unfair dismissal under section 108 of the Employment Rights Act 1996 begins when the employee actually starts work, not when the contract is formed. The Claimant's employment began on 14 March 2005, when he attended induction and started work, and ended on 25 January 2006, the date of summary dismissal. Payments for accrued holiday after dismissal do not extend the period of employment. As the Claimant had less than one year's continuous service, the Tribunal lacked jurisdiction to hear the unfair dismissal claim.

Court Disposition

Appeal dismissed

Orders

  • The Employment Tribunal's decision is upheld; the Tribunal had no jurisdiction to hear the unfair dismissal claim.