Welton v Deluxe Retail Ltd (t/a Madhouse) (Transfer of Undertakings : Continuity of employment) (Rev 1) [2012] UKEAT 0266_12_2111 (21 November 2012)

Welton v Deluxe Retail Ltd (t/a Madhouse) (Transfer of Undertakings : Continuity of employment) (Rev 1) [2012] UKEAT 0266_12_2111 (21 November 2012)

A contract of employment made during the week following termination at Sheffield governed relations and preserved continuity under s.212(1) ERA 1996; absence due to store closure was a temporary cessation of work under s.212(3)(b); arrangements to preserve continuity cannot be made retrospectively under s.212(3)(c).

Source-derived case information.

Citation
[2012] UKEAT 0266_12_2111
Parties
Appellant: Mr B R Welton; Respondent: Deluxe
Jurisdiction
United Kingdom
Judgment Date
21 November 2012
Procedural Posture
Employment Appeal / Appeal From Pre Hearing Review
Outcome
Appeal allowed in part
Legal Topics
Continuity of Employment, Unfair Dismissal, Employment Rights Act 1996, Temporary Cessation of Work, Arrangement or Custom
Employment Law Continuity of Employment Unfair Dismissal Employment Rights Act 1996 Temporary Cessation of Work Arrangement or Custom

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr B R Welton

Appellant

Deluxe

Respondent

Procedural Posture

Employment Appeal / Appeal From Pre Hearing Review

Legal Issues

  1. 1 Whether a contract made in one week to start work in the next constitutes a contract of employment under Part XIV ERA 1996 for continuity purposes
  2. 2 Whether absence from work due to store closure qualifies as temporary cessation under s.212 ERA 1996
  3. 3 Whether an 'arrangement' under s.212(3) ERA 1996 can be made retrospectively to preserve continuity

Ratio Decidendi

A contract of employment made during the week following termination at Sheffield governed relations and preserved continuity under s.212(1) ERA 1996; absence due to store closure was a temporary cessation of work under s.212(3)(b); arrangements to preserve continuity cannot be made retrospectively under s.212(3)(c).

Court Disposition

Appeal allowed in part

Orders

  • Case remitted to Employment Tribunal for determination on the basis that Claimant has sufficient continuous employment to bring a claim