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Break in service
Page 22
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A PERIOD of a week between the end of a lorry driver's employment with Coventry Continentale Transport and the start of his employment with Montgomery European Transport broke the continuity of his service.
This was ruled by a Birmingham industrial tribunal when it held that it had no jurisdiction to consider a claim for unfair dismissal by the driver, D. G. Atkinson, on the grounds that he had insufficient service to qualify him to make a claim.
The tribunal said that there were two considerations. First, whether there had been a transfer of business between the two companies and second, whether, in any event, Mr Atkinson's employment could be regarded as continuous.
His employment with Coventry Continentale came to an end on March 23, 1983.
He started working for Montgomery European on April 7, 1983, being dismissed in December 1983.
It was argued on his behalf that there had been a transfer of business between the two companies and that during the period between March 23 and April 7, he had been absent from work owing to a temporary cessation which did not affect his continued employment.
In March 1983, Montgomery European were sub-tenants of Coventry Continentale. It heard rumours from its drivers that Coventry Continentale was about to cease business and go into liquidation.
A director of Montgomery, R. J. McClelland, travelled from Northern Ireland to find out what the situation was. The rumours were confirmed. He came to an arrangement with the landlord, allowing Montgomery to continue to use the premises.
He discussed with John Pratt, the managing director of Coventry Continentale, the possibility that he might work for Montgomery as depot manager.
The tribunal was satisfied that whatever might have been the arrangements or agreements between Mr McClelland and Mr Pratt or the liquidators of Coventry Continentale, they were made before Mr Atkinson was dismissed by Coventry Continentale.
At no time before April 7 was any bargain concluded in respect of any transfer of business or assets between Coventry Continentale and Montgomery European.
Mr McClelland had negotiated the purchase of some of the vehicles of Coventry Continentale.
However, those negotiations had not been conducted with Coventry Continentale but with a hire-purchase company or lessors of the vehicles.
In its view, the real reason Mr Atkinson was absent from work between March 23 and April 7, was not that there had been a temporary cessation of work by Coventry Continentale, but because he had been dismissed by the company. Mr Atkinson had been unemployed during that week.