Sambrook v. Miles [2001] UKEAT 0396_01_1409 (14 September 2001)

Sambrook v. Miles [2001] UKEAT 0396_01_1409 (14 September 2001)

The original dismissal for redundancy stood and the employment continued by agreement, not under a new contract; therefore, the respondent remained entitled to a redundancy payment.

Citation
[2001] UKEAT 0396_01_1409
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 September 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Redundancy Payment, Dismissal, Continuation of Employment, Employment Contract
Employment Law Redundancy Payment Dismissal Continuation of Employment Employment Contract

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the respondent was entitled to a redundancy payment after continuing to work post-dismissal notice
  2. 2 Whether a new contract was formed after the original notice period expired

Ratio Decidendi

The original dismissal for redundancy stood and the employment continued by agreement, not under a new contract; therefore, the respondent remained entitled to a redundancy payment.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.