The respondent as a temporary worker was entitled to be treated as an employee of an agency within the contract governing the particular engagement where money was due when the agency went into liquidation. He was therefore able to claim against the respondent as such on that insolvency. A temporary worker might be an employee … Continue reading McMeechan v Secretary of State for Employment: CA 11 Dec 1996
The claimant’s employer had become insolvent, and the claimant sought his unpaid salary amounting to andpound;290. The respondent applied the statutory limit of andpound;140.00, and then deducted tax and NI. Held: M’s appeal failed. The statutory limit applied to the gross amount to be paid. The calculation was correct. Citations: [1985] ICR 522 Statutes: Employment … Continue reading Morris v Secretary of State for Employment: EAT 1985
Employees who are otherwise qualified employees will transfer with their undertaking even though they are unaware of the identity of their new employer. Morison J considered the situation where there was a transfer of the undertaking, but the employee had not known the identity of the transferee: ‘In relation to the employee who, had he … Continue reading Secretary of State for Trade and Industry v Cook and others: EAT 13 Dec 1996
Casual workers employed under ‘nil hours’ relationship still had a contract of employment and the appropriate and associated rights. A court was fully able to determine the terms of the contract. Citations: Times 02-Apr-1998, Gazette 13-May-1998, [1997] EWCA Civ 871, [1999] ICR 1226, [1998] EWCA Civ 558, [2000] IRLR 43 Statutes: Employment Protection (Consolidation) Act … Continue reading Carmichael and Lesse v National Power Plc: CA 29 Jan 1997
