Mitchell v Spar Stores & Anor [1992] UKEAT 640_90_1012 (10 December 1992)

Mitchell v Spar Stores & Anor [1992] UKEAT 640_90_1012 (10 December 1992)

The appellant did not have two years' continuous employment with the Shaw Trust or preserved continuity from previous employers at the relevant date, and therefore did not qualify for a redundancy payment under the statutory scheme.

Citation
[1992] UKEAT 640_90_1012
Parties
Appellant: David Mitchell; 1st Respondent: Spar Stores; 2nd Respondent: Shaw Trust
Jurisdiction
United Kingdom
Judgment Date
10 December 1992
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Redundancy Payment, Continuity of Employment, Disability and Employment, Sheltered Placement Scheme
Employment Law Redundancy Payment Continuity of Employment Disability and Employment Sheltered Placement Scheme

Case Brief

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Parties

David Mitchell

Appellant

Spar Stores

1st Respondent

Shaw Trust

2nd Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the appellant had the requisite two years' continuous employment to qualify for redundancy payment
  2. 2 Whether the contractual arrangements between Shaw Trust, Spar Stores, and the appellant preserved continuity of employment

Ratio Decidendi

The appellant did not have two years' continuous employment with the Shaw Trust or preserved continuity from previous employers at the relevant date, and therefore did not qualify for a redundancy payment under the statutory scheme.

Court Disposition

Appeal dismissed

Orders

  • No redundancy payment is due to the appellant.
  • No payment in lieu of notice is ordered.