Caledonian Mining Co Ltd v Bishop [1993] UKEAT 887_92_2502 (25 February 1993)

Caledonian Mining Co Ltd v Bishop [1993] UKEAT 887_92_2502 (25 February 1993)

The Tribunal failed to adequately address whether Mr Bishop's initial engagement was for training or employment and did not apply the relevant legal authorities; therefore, the matter must be remitted for reconsideration by a differently constituted tribunal.

Citation
[1993] UKEAT 887_92_2502
Parties
Appellant: Caledonian; Respondent: Mr Bishop
Jurisdiction
United Kingdom
Judgment Date
25 February 1993
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Remitted for rehearing
Legal Topics
Continuous Employment, Parallel Contracts, Training Vs Employment, Tribunal Procedure
Employment Law Continuous Employment Parallel Contracts Training Vs Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Caledonian

Appellant

Mr Bishop

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether Mr Bishop's service during the Company Teaching Scheme constituted employment or training for the purpose of continuous employment
  2. 2 Whether parallel contracts of employment can exist
  3. 3 Whether the Tribunal applied the correct legal test regarding continuity of service

Ratio Decidendi

The Tribunal failed to adequately address whether Mr Bishop's initial engagement was for training or employment and did not apply the relevant legal authorities; therefore, the matter must be remitted for reconsideration by a differently constituted tribunal.

Court Disposition

Remitted for rehearing

Orders

  • Matter remitted to a differently constituted tribunal for retrial and application of the proper legal test.