Holt v EB Security Ltd (Jurisdictional Points : Continuity of employment) [2012] UKEAT 0558_11_1307 (13 July 2012)

Holt v EB Security Ltd (Jurisdictional Points : Continuity of employment) [2012] UKEAT 0558_11_1307 (13 July 2012)

The gap in employment between the claimant's contracts with associated employers was a temporary cessation of work under section 212(3)(b) ERA, preserving continuity of employment and enabling the claimant to bring a claim for unfair dismissal.

Citation
[2012] UKEAT 0558_11_1307
Parties
Claimant/appellant: Mr Gary Holt; Respondent: EB Security Ltd (in liquidation)
Jurisdiction
United Kingdom
Judgment Date
13 July 2012
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Continuity of Employment, Unfair Dismissal, Temporary Cessation of Work
Employment Law Continuity of Employment Unfair Dismissal Temporary Cessation of Work

Case Brief

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Parties

Mr Gary Holt

Claimant/appellant

EB Security Ltd (in liquidation)

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant had sufficient continuous service to bring a claim for unfair dismissal
  2. 2 Whether the gap in employment constituted a temporary cessation of work under section 212(3)(b) ERA

Ratio Decidendi

The gap in employment between the claimant's contracts with associated employers was a temporary cessation of work under section 212(3)(b) ERA, preserving continuity of employment and enabling the claimant to bring a claim for unfair dismissal.

Court Disposition

Appeal allowed

Orders

  • Continuity of employment from July 2007 to January 2010 declared.
  • Tribunal has jurisdiction to entertain the complaint of unfair dismissal.