EAT Contract of Employment : Whether Established – The Employment Tribunal found, on the basis of the opening words of a written contract between the parties, that the Claimant was not an employee. Counsel for the Respondent had not drawn the Tribunal’s attention to the Autoclenz case [2011] UKSC 41 and the Tribunal had not carried out a proper analysis of all the terms of the written contract or how the parties operated it in practice and what the true agreement between the parties was. Appeal allowed and the matter remitted to new Employment Tribunal.
Shanks J
[2013] UKEAT 0115 – 13 – 1507
Bailii
England and Wales
Employment
Updated: 20 November 2021; Ref: scu.515389
