Lipinski v Ebbsfleet Autosray Centre Ltd (Unfair Dismissal : Exclusions including worker/jurisdiction) [2013] UKEAT 0288_12_0606 (06 June 2013)

Lipinski v Ebbsfleet Autosray Centre Ltd (Unfair Dismissal : Exclusions including worker/jurisdiction) [2013] UKEAT 0288_12_0606 (06 June 2013)

A complaint of unfair dismissal presented to an Employment Tribunal is a 'relevant complaint of dismissal' for the purposes of the Regulations. If the employee is reinstated or re-engaged as a result of such a complaint, continuity of employment is preserved. The matter is remitted to the Employment Tribunal to determine whether the Claimant was reinstated in consequence of bringing the complaint.

Citation
[2013] UKEAT 0288_12_0606
Parties
Appellant/claimant: Mr Lipinski; Respondent/employer: Ebbsfleet Autospray Centre Ltd
Jurisdiction
United Kingdom
Judgment Date
06 June 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; matter remitted to Employment Tribunal for determination of factual issue.
Legal Topics
Unfair Dismissal, Continuity of Employment, Employment Protection (continuity of Employment) Regulations 1996, Jurisdictional Requirements
Employment Law Unfair Dismissal Continuity of Employment Employment Protection (continuity of Employment) Regulations 1996 Jurisdictional Requirements

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Parties

Mr Lipinski

Appellant/claimant

Ebbsfleet Autospray Centre Ltd

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to hold that the Claimant’s continuity of employment was preserved by operation of the Employment Protection (Continuity of Employment) Regulations 1996 between the date of his dismissal and his reinstatement.

Ratio Decidendi

A complaint of unfair dismissal presented to an Employment Tribunal is a 'relevant complaint of dismissal' for the purposes of the Regulations. If the employee is reinstated or re-engaged as a result of such a complaint, continuity of employment is preserved. The matter is remitted to the Employment Tribunal to determine whether the Claimant was reinstated in consequence of bringing the complaint.

Court Disposition

Appeal allowed; matter remitted to Employment Tribunal for determination of factual issue.

Orders

  • Remitted to the same Employment Tribunal (unless impracticable) to determine whether the Claimant was reinstated or re-engaged in consequence of presenting a complaint of unfair dismissal.