All items: Continuity of employment

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  Affleck and others v Newcastle Mind and others [1999] IRLR 405 EAT (1 report relating to this case)

  • Continuity of employment: Changes in composition of charity's management committee did not break continuity

    Date:

    1 July 1999

    The employees of an unincorporated association which was a registered charity were employed by the members of the executive committee for the time being in whom the management function of the charity was vested and not, as two employment tribunals had found, by the members of the charity who paid subscriptions and made contributions to it, holds the EAT in subscriptions and made contributions to it, holds the EAT in Affleck and others v Newcastle Mind and others.

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  Astley and others v Celtec Ltd [2002] IRLR 629 CA (3 reports relating to this case)

  • Transfer of undertakings: Six-year transfer period meant secondees had transfer rights

    Date:

    11 November 2002

    In Astley and others v Celtec Ltd the Court of Appeal holds that the EC Business Transfers Directive is sufficiently widely worded to allow for a transfer of an undertaking to take place over a period of time.

  • Case round up

    Date:

    1 October 2002

    Our resident experts at Pinsent Curtis Biddle bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • On appeal: TUPE, Working Time Regulations and the Convention on Human Rights

    Date:

    3 September 2002

    Continuing our series on the implications of recent significant cases, Sue Nickson, partner and national head of employment law at Hammonds Suddards Edge, looks at the issues

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  Berwick Salmon Fisheries Co Ltd v Rutherford and others [1991] IRLR 203 EAT (1 report relating to this case)

  • Continuous employment: Break between seasonal contracts not a "temporary cessation"

    Date:

    10 May 1991

    In Berwick Salmon Fisheries Co Ltd v Rutherford and others the EAT holds that periods fishermen spent out of work between seasonal contracts of employment could not be described as "relatively short". The breaks were not therefore "temporary cessations of work" within the statutory definition and continuity of employment was broken.

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  Booth and others v United States of America [1999] IRLR 16 EAT (1 report relating to this case)

  • Continuity of employment: Continuity not preserved during two-week breaks between contracts

    Date:

    15 February 1999

    Employees employed by the same employer for total periods of between four and six years under a succession of temporary contracts of less than two years' duration, were not regarded as continuing in employment by custom or arrangement during regular two-week breaks between those contracts, holds the EAT in Booth and others v United States of America.

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  Borkett v Workers Educational Association EAT/275/98 (1 report relating to this case)

  • Continuity of employment: Continuity was broken by jury service call-up

    Date:

    15 August 1999

    A lecturer who had entered into teaching contracts with his employer every term from 1984 until the autumn term of 1996, with the exception of the summer term of that year, could not establish continuity of employment for the purpose of bringing unfair dismissal proceedings when this arrangement terminated, holds the EAT in Borkett v Workers Educational Association.

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  Bright v Lincolnshire County Council EAT/0017/01 (1 report relating to this case)

  • Continuity of employment: Continuity not preserved during employee break absence

    Date:

    7 March 2003

    In Bright v Lincolnshire County Council, the EAT holds that an employee who had taken a break as part of an employee break scheme could not count the period of her break as part of her continuous service for the purposes of bringing an unfair dismissal claim.

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  Bunker v Mark Insulations Ltd [2005] All ER (D) 366 (Nov) EAT (1 report relating to this case)

  • Case round-up: Continuity of employment

    Date:

    13 December 2005

    This week's case round-up from Eversheds, covering continuity of employment.

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  Castro v D36 Ltd [2004] All ER (D) 287 (Jul) EAT (1 report relating to this case)

  • Transfer of undertakings: No conflict between ERA and TUPE on continuity

    Date:

    11 February 2005

    In Castro v D36 Ltd, the Court of Appeal held that a TUPE transfer did not break the continuity of employment for the purposes of bringing an unfair dismissal claim under the Employment Rights Act 1996.

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  Celtec Ltd v Astley and others [2001] IRLR 788 EAT (1 report relating to this case)

  • Transfer of undertakings: "Actual control and occupation" test endorsed for determining time of transfer

    Date:

    3 December 2001

    In Celtec Ltd v Astley and others, the EAT holds that for the purposes of s.218(2) of the Employment Rights Act 1996, the Transfer of Undertakings (Protection of Employment) Regulations 1981 and the Acquired Rights Directive, a transfer is completed when the new employer enters into actual occupation and control of an undertaking

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  Celtec Ltd v Astley and others [2006] IRLR 635 HL (1 report relating to this case)

  • Transfer of undertakings: Secondees' employment was automatically transferred

    Date:

    18 August 2006

    In North Wales Training and Enterprise Council Ltd v Astley and others [2006] UKHL 29, the House of Lords holds that despite the intentions of the parties concerned, seconded employees were transferred to the new undertaking on the date when employer responsibility for carrying on the business transferred.