Acorn Packaging v Carroll (Jurisdictional Points) [2012] UKEAT 0534_11_2606 (26 June 2012)

Acorn Packaging v Carroll (Jurisdictional Points) [2012] UKEAT 0534_11_2606 (26 June 2012)

The appeal was dismissed because neither party attended nor made substantive submissions, and the Employment Appeal Tribunal declined to advance arguments not raised by the parties. The Respondent failed to demonstrate any arguable ground of appeal based on the skeleton argument and Notice of Appeal.

Citation
[2012] UKEAT 0534_11_2606
Parties
Claimant: Mr Carroll; Respondent: Mac Capital
Jurisdiction
United Kingdom
Judgment Date
26 June 2012
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Continuity of Employment, Redundancy Payment, Retirement Age, Break in Employment, Employment Contract
Employment Law Continuity of Employment Redundancy Payment Retirement Age Break in Employment Employment Contract

Case Brief

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Parties

Mr Carroll

Claimant

Mac Capital

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Claimant's employment was continuous for the purpose of redundancy payment
  2. 2 Whether section 138 of the Employment Rights Act 1996 applies to the facts
  3. 3 Whether there was a break in continuity of employment due to retirement

Ratio Decidendi

The appeal was dismissed because neither party attended nor made substantive submissions, and the Employment Appeal Tribunal declined to advance arguments not raised by the parties. The Respondent failed to demonstrate any arguable ground of appeal based on the skeleton argument and Notice of Appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no further orders made.