Contract of Employment – A contract of employment was entered into by the Claimant. When dismissed he claimed that the dismissal was both unfair and wrongful, and that the appropriate Respondent amongst a group of companies (whom he said was the Second Respondent to the claim) was in breach of the contract it had made with him. The First Respondent, another member of the group, argued that it was the true contracting entity, since a written contract had been entered into with it. A written contract was entered into with the First Respondent, but on the same day the Claimant was given a letter to the passport office from the Second Respondent as if it was his employer. The Employment Tribunal concluded that the parties would never have, and did not at the time of entering the contract, intend that the Claimant would work for the First Respondent (which had no place at which he could have worked); the First Respondent appealed. Each of four grounds was considered and rejected.
Citations:
[2018] UKEAT 0091 – 17 – 2501
Links:
Jurisdiction:
England and Wales
Employment
Updated: 22 April 2022; Ref: scu.616871