Anderson v. ASC Staffing Ltd [2000] UKEAT 181_00_1606 (16 June 2000)

Anderson v. ASC Staffing Ltd [2000] UKEAT 181_00_1606 (16 June 2000)

The appellant's employment consisted of separate, week-by-week contracts with no mutuality of obligation during the break in December 1998 to January 1999, resulting in a lack of the required 52 weeks' continuity of employment to bring a claim for unfair dismissal.

Citation
[2000] UKEAT 181_00_1606
Parties
Appellant: Appellant; Respondent: ASC
Jurisdiction
United Kingdom
Judgment Date
16 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
appeal dismissed
Legal Topics
Continuity of Employment, Unfair Dismissal, Contract of Employment, Mutuality of Obligation
Employment Law Continuity of Employment Unfair Dismissal Contract of Employment Mutuality of Obligation

Case Brief

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Parties

Appellant

Appellant

ASC

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the appellant had the necessary continuity of employment to qualify to present a complaint of unfair dismissal
  2. 2 Whether the week-by-week ad-hoc contracts constituted continuous employment under the Employment Rights Act 1996

Ratio Decidendi

The appellant's employment consisted of separate, week-by-week contracts with no mutuality of obligation during the break in December 1998 to January 1999, resulting in a lack of the required 52 weeks' continuity of employment to bring a claim for unfair dismissal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; decision of the Employment Tribunal upheld.