Claimant v Hamberley Care 1 Ltd
Outcome
Individual claims
This preliminary hearing determined only whether the claimant had the requisite continuous service to bring an unfair dismissal claim. The tribunal found that the previous employer (Hamberley Properties (FV) Milngavie Ltd) and the respondent were associated employers under s231 ERA 1996, with both controlled by Patron Capital Advisers Llp. Therefore, the claimant's service dating from December 2021 counted towards the two-year qualifying period. The substantive merits of the unfair dismissal claim have not yet been heard.
Facts
The claimant worked as a Business Administrator for Hamberley Properties (FV) Milngavie Ltd from December 2021 before transferring to the respondent care home in October 2022 following an internal request. She received a salary increase but no new contract or P45, and was told it was simply a transfer. Dismissed in January 2024, she claimed unfair dismissal. The respondent argued she lacked two years' continuous service with them. The tribunal had to determine whether the two companies were associated employers at the time of transfer.
Decision
The tribunal found that both employers were controlled by Patron Capital Advisers Llp as a third person, making them associated employers under s231 ERA 1996. The claimant's service from December 2021 with the previous employer therefore counted as continuous employment with the respondent under s218(6) ERA. The tribunal held it had jurisdiction to hear the unfair dismissal claim and the case would proceed to a final hearing on the merits.
Practical note
When determining whether two employers are associated for continuity of employment purposes, tribunals may draw inferences about legal control from evidence of de facto control where there is a lack of transparency about shareholding and corporate structure, particularly where there are common directors, addresses, and persons with significant control.
Legal authorities cited
Statutes
Case details
- Case number
- 8000696/2024
- Decision date
- 14 October 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Business Administrator
- Salary band
- £30,000–£40,000
- Service
- 2 years
Claimant representation
- Represented
- No