Bower v Hughes Hooker & Co Solicitors & Ors [2003] UKEAT 1076_02_2703 (27 March 2003)

Bower v Hughes Hooker & Co Solicitors & Ors [2003] UKEAT 1076_02_2703 (27 March 2003)

The Tribunal was entitled to find, based on the substance of the December 1999 deed and the conduct of the parties, that Mr Bower was a partner in Hughes Hooker & Co until March 2001, and continuity of employment for Mrs Stevens and Mr Marc was preserved under section 218(5) of the Employment Rights Act 1996 despite dissolution of the partnership.

Citation
[2003] UKEAT 1076_02_2703
Parties
Appellant: Mr Bower; Respondent: Carol Stevens; Respondent: Richard Marc
Jurisdiction
United Kingdom
Judgment Date
27 March 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Findings
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Breach of Contract, Unlawful Deduction From Pay, Redundancy Pay, Partnership Status, Estoppel, Continuity of Employment
Employment Law Partnership Law Unfair Dismissal Wrongful Dismissal Breach of Contract Unlawful Deduction From Pay Redundancy Pay Partnership Status +2 more

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Parties

Mr Bower

Appellant

Carol Stevens

Respondent

Richard Marc

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Findings

Legal Issues

  1. 1 Whether Mr Bower was a partner in Hughes Hooker & Co until March 2001
  2. 2 Whether holding out as a partner creates liability via estoppel
  3. 3 Whether dissolution of partnership affects continuity of employment under Employment Rights Act 1996

Ratio Decidendi

The Tribunal was entitled to find, based on the substance of the December 1999 deed and the conduct of the parties, that Mr Bower was a partner in Hughes Hooker & Co until March 2001, and continuity of employment for Mrs Stevens and Mr Marc was preserved under section 218(5) of the Employment Rights Act 1996 despite dissolution of the partnership.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted only on the effect of section 218(5) of the Employment Rights Act 1996 when a partnership of two is dissolved
  • Permission to appeal refused on Tribunal's finding regarding partnership status