Redundancy: Re-employment provisions not applicable to unfair dismissal complaint
This report relates to 2 case(s)
The statutory provisions under which an employee is, in certain circumstances, treated as not having been dismissed where his or her contract is renewed or he or she is re-engaged under a new contract of employment, apply only for the purposes of statutory redundancy pay and not to complaints of unfair dismissal, holds the EAT in Trafalgar House Services Ltd v Carder 2.12.96 EAT 305/96 and Jones v Governing Body of Burdett Coutts School  ICR 390. Accordingly, in Carder, the EAT holds that an employee who accepted an offer of alternative employment from his employer but terminated his new contract within the statutory trial period was not necessarily to be regarded as dismissed for the purposes of his unfair dismissal claim. Conversely, in Jones, the EAT holds that an industrial tribunal erred in law in finding that an employee was not dismissed for unfair dismissal purposes on the basis that he accepted his employer's offer of alternative employment and stayed in that employment for longer than the trial period.