Breakell v West Midlands Reserve Forces’ and Cadets’ Association Named As Shropshire Army Cadet Force: EAT 11 Apr 2011

EAT JURISDICTIONAL POINTS – Worker, employee or neither
Appeal by an Army Cadet Force Adult Instructor from the judgment of an Employment Judge sitting alone that he was a volunteer and not in ’employment’ as defined by s68(1) Disability Discrimination Act 1995 as amended. Appeal dismissed. The Employment Judge was correct as his factual findings were (a) there was no obligation on the Respondent to provide work (b) there was no obligation on the Claimant to accept work offered (c) he was paid only for the days he worked (d) s212 Employment Rights Act 1996 was not argued.

Judges:

Birtles J

Citations:

[2011] UKEAT 0372 – 10 – 1104

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 06 September 2022; Ref: scu.432794