Source: All England Reporter
Publisher Citation: [2003] All ER (D) 84 (Mar)
Court: Employment Appeal Tribunal

Elias J, Mr H Singh and Mr D Smith

Judgment Dates: 11 November 2002


Employment - Continuity of employment - 'Period of continuous employment' - Applicant supplied by employment agency - Applicant having right under contract with agency to walk off work - Existence of mutuality of obligations - s 230.

The Case

Although an employment tribunal, when considering whether a contract of employment existed between the respondent and the applicant, who had been supplied to the respondent by an employment agency, had erred in ruling that the applicant's right to walk off the job precluded any mutuality of obligation, there was, in the circumstances, no contractual relationship between the applicant and the respondent. Accordingly, the period of time during which he was so supplied to the respondent could not count towards the requisite period of continuous employment under s230 of the to bring a claim for unfair dismissal.

Practice Areas

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