Lilian Middleton Antique Dolls Ltd v Whitehead [1992] UKEAT 732_92_3011 (30 November 1992)

Lilian Middleton Antique Dolls Ltd v Whitehead [1992] UKEAT 732_92_3011 (30 November 1992)

The week commencing 30 September 1991 was a week during part of which the employee's relations with the employer were governed by a contract of employment, regardless of the brief attendance or lack of actual work performed. Therefore, continuous employment was not broken, and the Tribunal had jurisdiction to hear the redundancy claim.

Citation
[1992] UKEAT 732_92_3011
Parties
Appellant's Lay Representative: MR P MIDDLETON; Respondent: MR J WHITEHEAD
Jurisdiction
United Kingdom
Judgment Date
30 November 1992
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Preliminary Decision on Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Redundancy Payment, Continuous Employment, Contract of Employment, Jurisdiction of Tribunal
Employment Law Redundancy Payment Continuous Employment Contract of Employment Jurisdiction of Tribunal

Case Brief

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Parties

MR P MIDDLETON

Appellant's Lay Representative

MR J WHITEHEAD

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Preliminary Decision on Jurisdiction

Legal Issues

  1. 1 Whether a short break in employment in September/October 1991 broke continuous employment for redundancy payment purposes
  2. 2 Whether a contract of employment existed during the relevant week

Ratio Decidendi

The week commencing 30 September 1991 was a week during part of which the employee's relations with the employer were governed by a contract of employment, regardless of the brief attendance or lack of actual work performed. Therefore, continuous employment was not broken, and the Tribunal had jurisdiction to hear the redundancy claim.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Industrial Tribunal is upheld.