Wise v Sutherland [1998] UKEAT 260_98_1803 (18 March 1998)

Wise v Sutherland [1998] UKEAT 260_98_1803 (18 March 1998)

On the facts, both weeks in question may count towards continuity under Section 212(1), and there may have been no break in continuity between 1986 and 13 June 1997.

Source-derived case information.

Citation
[1998] UKEAT 260_98_1803
Parties
Appellant: Mr Wise; Respondent: [Respondent not named]
Jurisdiction
United Kingdom
Judgment Date
18 March 1998
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed on the Section 212(1) point only; existing grounds struck out; Appellant given 14 days to amend Notice of Appeal.
Legal Topics
Continuity of Employment, Unfair Dismissal, Qualifying Period, Employment Contract
Employment Law Continuity of Employment Unfair Dismissal Qualifying Period Employment Contract

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Wise

Appellant

[Respondent not named]

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Appellant's continuity of employment was broken by his resignation and subsequent re-employment
  2. 2 Whether the Appellant had completed the qualifying period for unfair dismissal protection

Ratio Decidendi

On the facts, both weeks in question may count towards continuity under Section 212(1), and there may have been no break in continuity between 1986 and 13 June 1997.

Court Disposition

Appeal allowed to proceed on the Section 212(1) point only; existing grounds struck out; Appellant given 14 days to amend Notice of Appeal.

Orders

  • Appellant to lodge amended Notice of Appeal within 14 days setting out the Section 212(1) ground.
  • Case to be listed Category C for two hours.