Wise v Greenthorpe Ltd (t/a The Pine Store) [1998] UKEAT 260_98_3009 (30 September 1998)

Wise v Greenthorpe Ltd (t/a The Pine Store) [1998] UKEAT 260_98_3009 (30 September 1998)

A contractual break in employment that does not span a full statutory week does not break continuity of employment for the purposes of unfair dismissal jurisdiction under the Employment Rights Act 1976.

Citation
[1998] UKEAT 260_98_3009
Parties
Appellant: Mr Wise; Respondent: The Pine Store
Jurisdiction
United Kingdom
Judgment Date
30 September 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Continuity of Employment, Unfair Dismissal, Statutory Interpretation
Employment Law Continuity of Employment Unfair Dismissal Statutory Interpretation

Case Brief

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Parties

Mr Wise

Appellant

The Pine Store

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether a break in contractual employment interrupts statutory continuity of employment for unfair dismissal claims

Ratio Decidendi

A contractual break in employment that does not span a full statutory week does not break continuity of employment for the purposes of unfair dismissal jurisdiction under the Employment Rights Act 1976.

Court Disposition

Appeal allowed

Orders

  • Decision of the Tribunal set aside
  • Applicant found to have established necessary continuity of employment