Cooper MacDonald Ltd v Brown & Anor [1992] UKEAT 100_92_1512 (15 December 1992)

Cooper MacDonald Ltd v Brown & Anor [1992] UKEAT 100_92_1512 (15 December 1992)

The applicants were employed by the company during the relevant period as evidenced by their remuneration, duties, and the ability of partners to agree on allocation of time and roles, making them employees for the purposes of continuous employment under the Act.

Source-derived case information.

Citation
[1992] UKEAT 100_92_1512
Parties
Appellant: Cooper McDonald Limited; Respondent: Mr Brown; Respondent: Mr Austen
Jurisdiction
United Kingdom
Judgment Date
15 December 1992
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Continuous Employment, Employee Status, Transfer of Undertakings, Qualifying Period
Employment Law Continuous Employment Employee Status Transfer of Undertakings Qualifying Period

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cooper McDonald Limited

Appellant

Mr Brown

Respondent

Mr Austen

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the applicants were employees of the company during their partnership from 1986 to 1990 for the purposes of qualifying employment under the Employment Protection (Consolidation) Act 1978

Ratio Decidendi

The applicants were employed by the company during the relevant period as evidenced by their remuneration, duties, and the ability of partners to agree on allocation of time and roles, making them employees for the purposes of continuous employment under the Act.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.