EAT Jurisdictional Points : Worker, Employee or Neither- Continuity of employment
Although the Employment Judge had referred himself to Cotswold Developments Construction Ltd v Williams [2006] IRLR 181 and seems likely to have had in mind the judgment of the Supreme Court in Autoclenz Ltd v Belcher and Others [2011] UKSC 41, [2011] ICR 1157, in concluding that the agreements were not ‘shams’ and that the Appellant had changed his status from employee to that of a self employed director of an independent contractor, the Tribunal had misdirected itself as to law, reached conclusions not supported by the evidence, reached conclusions that were perverse and had not given adequate reasons, but that answer was not so clear as to enable this Tribunal to come a conclusion and the issue was remitted to a differently constituted Employment Tribunal for reconsideration.
The second issue of continuity depended upon the Appellant’s immigration status and his right to work. It being conceded that the Employment Tribunal had erred in law in concluding that the Appellant had no right to work and that discrimination claims should not have been struck out, the appeal was allowed and that issue was remitted to be considered by the same Employment Tribunal to which the first issue had been remitted.
Judges:
Hand QC HHJ
Citations:
[2017] UKEAT 0303 – 16 – 2704
Links:
Jurisdiction:
England and Wales
Employment
Updated: 26 March 2022; Ref: scu.583999