Claimant v Eurorad Limited
Outcome
Individual claims
This was a preliminary hearing to determine whether the claimant had the necessary two years continuous employment to bring an unfair dismissal claim. The tribunal found that continuity of employment was preserved under Section 218(6) ERA 1996 when the claimant transferred from associated employer Tile Mountain Limited to Eurorad Limited, meaning the claim can proceed.
Facts
The claimant began employment with Tile Mountain Limited on 28 May 2019. His employment with that company ended by mutual agreement on 31 October 2021, and he was employed by Eurorad Limited the next day, 01 November 2021. The respondent argued the claimant did not have two years continuous service for unfair dismissal purposes. Eurorad Limited and Tile Mountain Limited are associated employers within the meaning of Section 231 ERA 1996.
Decision
The tribunal held that the claimant had two years continuous employment at the date the claim was presented. Section 218(6) ERA 1996 preserved the claimant's continuity of employment when he transferred between the two associated employers. The unfair dismissal complaint can therefore proceed to a full hearing.
Practical note
Continuity of employment is preserved when an employee moves between associated employers, even when the first employment ends by mutual agreement and there is no formal TUPE transfer.
Legal authorities cited
Statutes
Case details
- Case number
- 1304554/2023
- Decision date
- 9 April 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Eurorad Limited
- Sector
- other
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No
- Rep type
- lay rep