H & J Quick Ltd (t/a Quick Co) v Ball [1997] UKEAT 964_96_0306 (3 June 1997)

H & J Quick Ltd (t/a Quick Co) v Ball [1997] UKEAT 964_96_0306 (3 June 1997)

The respondent was continuously employed from 1st June 1993 to 28th June 1995 because a fresh contract of employment was entered into on or before 13th May 1995, and the relationship during the third period was governed by a contract of service, thus qualifying the respondent for unfair dismissal protection.

Citation
[1997] UKEAT 964_96_0306
Parties
Appellant: Quick Co; Respondent: Mr Ball
Jurisdiction
United Kingdom
Judgment Date
03 June 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal dismissed
Legal Topics
Continuous Employment, Unfair Dismissal, Contract of Service, Temporary Cessation of Work
Employment Law Continuous Employment Unfair Dismissal Contract of Service Temporary Cessation of Work

Case Brief

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Parties

Quick Co

Appellant

Mr Ball

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the respondent was continuously employed for two years to qualify for unfair dismissal protection under s.108(1) ERA 1996
  2. 2 Whether the third period of work was governed by a contract of service
  3. 3 Whether there was a break in continuity of employment

Ratio Decidendi

The respondent was continuously employed from 1st June 1993 to 28th June 1995 because a fresh contract of employment was entered into on or before 13th May 1995, and the relationship during the third period was governed by a contract of service, thus qualifying the respondent for unfair dismissal protection.

Court Disposition

Appeal dismissed