Mark Insulations Ltd v. Bunker [2005] UKEAT 0331_05_2110 (21 October 2005)

Mark Insulations Ltd v. Bunker [2005] UKEAT 0331_05_2110 (21 October 2005)

The Tribunal erred in law by failing to resolve the factual dispute regarding continuity of employment and by inadequately applying the statutory test for both contract of employment and arrangement under section 212(3) ERA 1996. The presumption of continuity should not be relied upon where substantial evidence exists, and the Tribunal failed to make necessary findings of fact.

Citation
[2005] UKEAT 0331_05_2110
Parties
Appellant: Mark Insulations Ltd; Respondent: Mrs Bunker
Jurisdiction
United Kingdom
Judgment Date
21 October 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Tribunal's decision set aside; case remitted to a freshly constituted Employment Tribunal for reconsideration.
Legal Topics
Continuous Employment, Unfair Dismissal, Employment Contract, Section 212(3) ERA 1996
Employment Law Continuous Employment Unfair Dismissal Employment Contract Section 212(3) ERA 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Mark Insulations Ltd

Appellant

Mrs Bunker

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether a contract of employment existed between 19 December and 5 January
  2. 2 Whether there was an arrangement for the purposes of section 212(3)(c) ERA 1996 during the relevant period
  3. 3 Whether the presumption of continuity of employment was rebutted

Ratio Decidendi

The Tribunal erred in law by failing to resolve the factual dispute regarding continuity of employment and by inadequately applying the statutory test for both contract of employment and arrangement under section 212(3) ERA 1996. The presumption of continuity should not be relied upon where substantial evidence exists, and the Tribunal failed to make necessary findings of fact.

Court Disposition

Appeal allowed; Tribunal's decision set aside; case remitted to a freshly constituted Employment Tribunal for reconsideration.

Orders

  • Remitted to a freshly constituted Employment Tribunal for factual findings and reconsideration.