EAT UNFAIR DISMISSAL: Exclusions including worker/jurisdiction
JURISDICTIONAL POINTS: Worker, employee or neither
The employee was a waitress at the Appellant’s Italian restaurant in Bath. The Employment Tribunal found that she was an employee and had been unfairly dismissed. The appeal was directed at the former finding. She was able to choose her own holiday; and there was a 6-week period in which there was no work for her; but the Employment Tribunal found that the Appellants were bound to offer her work; and she was bound to accept it absent a reasonable explanation.
Held that the Employment Tribunal had applied the correct tests and were entitled to find that there was sufficient mutuality of obligation and that she was an employee.
Judges:
Burke QC J
Citations:
[2008] UKEAT 0144 – 08 – 2411
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 May 2022; Ref: scu.278235