EAT JURISDICTIONAL POINTS: Worker, employee or neither
The Employment Judge was wrong to decide a contractual document was bogus so opening the way for a finding in the Claimant’s favour that he had an implied contract of employment. That ground was expressly eschewed by his counsel and the ’employer’ had no opportunity to address the point. The judgment was set aside as the intention of the parties was that there was no employment relationship.
Judges:
McMullen QC J
Citations:
[2009] UKEAT 0358 – 09 – 1111
Links:
Citing:
See Also – Alstom Transport v Tilson EAT 4-Dec-2007
EAT Practice and Procedure – Bias, misconduct and procedural irregularity
The Employment Tribunal refused an application by the respondent employer to join two other respondents. This was made at the . .
Cited by:
Appeal from – Tilson v Alstom Transport CA 19-Nov-2010
The parties disputed whether the claimant agency worker was in law the employee of the respondent.
Held: The test was whether it was necessary to infer such a contract to explain the conduct of the parties (Elias LJ). The EAT were right to . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 13 August 2022; Ref: scu.393333