MDA Leisure Ltd v Edwards & Anor [1997] UKEAT 474_97_0412 (4 December 1997)

MDA Leisure Ltd v Edwards & Anor [1997] UKEAT 474_97_0412 (4 December 1997)

The Tribunal found, based on credible oral and documentary evidence, that both applicants had continuous employment from their original start dates, and the respondent failed to rebut this with evidence. The issuance of P45s and absence of written contracts did not break continuity. The Tribunal's decision was rational and free of legal error.

Citation
[1997] UKEAT 474_97_0412
Parties
Applicant: Mrs J. E. Edwards; Applicant: Mrs M. J. Haslop; Respondent: MDA Leisure Ltd
Jurisdiction
United Kingdom
Judgment Date
04 December 1997
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed except on costs; costs issue remitted to original Tribunal for reconsideration.
Legal Topics
Redundancy, Continuity of Employment, Notice Pay, Costs
Employment Law Redundancy Continuity of Employment Notice Pay Costs

Case Brief

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Parties

Mrs J. E. Edwards

Applicant

Mrs M. J. Haslop

Applicant

MDA Leisure Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the applicants' continuity of employment dates back to their original start dates for redundancy and notice pay calculations
  2. 2 Whether the issuance of P45s constituted a break in employment continuity
  3. 3 Whether the absence of a written contract affected continuity of employment

Ratio Decidendi

The Tribunal found, based on credible oral and documentary evidence, that both applicants had continuous employment from their original start dates, and the respondent failed to rebut this with evidence. The issuance of P45s and absence of written contracts did not break continuity. The Tribunal's decision was rational and free of legal error.

Court Disposition

Appeal dismissed except on costs; costs issue remitted to original Tribunal for reconsideration.

Orders

  • Respondent to pay Mrs Edwards £2790.00 (redundancy) and £1620.00 (notice pay)
  • Respondent to pay Mrs Haslop £1669.50 (redundancy) and £1668.00 (notice pay)