Source: All England Reporter
Publisher Citation: [2003] All ER (D) 225 (Apr)
Court: Employment Appeal Tribunal
Judge:

Judge Prophet, Mr D Smith and Mr G Wright

Representation The employee appeared in person.
  Stuart Brittenden (instructed by Sinclair Taylor Martin) for the employer.
Judgment Dates: 17 January 2003

Catchwords

Employment - Contract of employment - Terms of employment - Length of employment - Unfair dismissal - Employment tribunal finding employee not having sufficient continuous employment to sustain complaint of unfair dismissal - Correctness of decision.

The Case

In the circumstances of the case, an employment tribunal had been wrong to find that an employee did not have sufficient continuous employment to sustain a complaint of unfair dismissal against his employer, and the matter would be remitted to a freshly constituted tribunal for determination as to whether the employee's dismissal was fair or unfair.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.