EAT Jurisdictional Points – Worker, Employee or Neither – JURISDICTIONAL POINTS – Continuity of employment
The Appellant claimed unfair dismissal. The Respondents served ET3 responses which denied that he was an employee, but thereafter took no part. Following a Preliminary Hearing on the issue of his employment status the ET held that he had been self-employed at all times. The EAT accepted that the ET had asked itself the right questions but that in answering them there had been errors of approach (see paragraph 25). The issue was remitted to the ET for fresh consideration in the light of the Judgment.
The ET also held that the Appellant did not have two years’ continuous employment, so that it had no jurisdiction to entertain the claim in any event. The EAT held that this was not an issue in the Preliminary Hearing; that it had not been raised by the Respondents; and that in any event the point did not go to jurisdiction.
Judges:
Soole J
Citations:
[2017] UKEAT 0154 – 17 – 0412
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 April 2022; Ref: scu.603721