Tice & Anor v Cartwright [1998] UKEAT 728_98_0107 (1 July 1998)

Tice & Anor v Cartwright [1998] UKEAT 728_98_0107 (1 July 1998)

The question raised is purely one of law: whether a partnership of two equal partners can be said in law to have control over a company in which each partner holds 50% of the shareholding for the purposes of continuity of employment under the Employment Rights Act 1996.

Citation
[1998] UKEAT 728_98_0107
Parties
Employee: Mr Cartwright; Employer: Tice & Son Ltd; Employer: Tice (Wimborne); Employer: Tice (Poole); Employer: Spur End Service Station; Director/shareholder/partner: Mr G M Tice; Director/shareholder/partner: Mr M J Tice
Jurisdiction
United Kingdom
Judgment Date
01 July 1998
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Case allowed to proceed to full hearing on limited point of law.
Legal Topics
Continuous Employment, Associated Employer, Unfair Dismissal, Constructive Dismissal
Employment Law Continuous Employment Associated Employer Unfair Dismissal Constructive Dismissal

Case Brief

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Parties

Mr Cartwright

Employee

Tice & Son Ltd

Employer

Tice (Wimborne)

Employer

Tice (Poole)

Employer

Spur End Service Station

Employer

Mr G M Tice

Director/shareholder/partner

Mr M J Tice

Director/shareholder/partner

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether a partnership of two equal partners can be said in law to have control over a company in which each partner holds 50% of the shareholding for the purposes of continuity of employment under the Employment Rights Act 1996

Ratio Decidendi

The question raised is purely one of law: whether a partnership of two equal partners can be said in law to have control over a company in which each partner holds 50% of the shareholding for the purposes of continuity of employment under the Employment Rights Act 1996.

Court Disposition

Case allowed to proceed to full hearing on limited point of law.

Orders

  • Case to be listed for full hearing with time estimate of ½ day.
  • Listed as Category C.