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Continuity of employment: Meaning of "has control" in statutory definition of "associated employers"

This report relates to 1 case(s)

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    Tice and another v Cartwright [1999] ICR 769 EAT (0 other reports)

In Tice and another v Cartwright [1999] ICR 769, and in Swan Garage (Worthing) Ltd v Mullen 7.4.99 EAT 931/98, the EAT approves the adoption of a purposive approach to the meaning of the words "has control" by employment tribunals faced with deciding whether or not two employers are "associated". Thus, in Cartwright, a tribunal was entitled to infer from the fact that two partners each owned a 50% shareholding in a company that, in the absence of evidence to the contrary, the partnership controlled the company and so the two were "associated employers".