EAT Jurisdictional Points : Worker, Employee or Neither – WORKING TIME REGULATIONS – Worker
CONTRACT OF EMPLOYMENT – Whether established
Employment status. The Claimant lodged a claim of unfair dismissal, age discrimination and a claim for holiday pay. The Respondent denied that he was an employee, arguing that he was a self-employed independent contractor. The Respondent is a private company limited by guarantee. It is the governing body of football in Scotland. It is responsible for administration of football refereeing in Scotland. All referees who officiate at matches under its jurisdiction have to register with it. The Claimant was registered and was a category 1 referee, having passed examinations and fitness tests. The Employment Judge found that the Claimant was not an employee for the purposes of section 230 of the Employment Rights Act 1996; she found that he was an employee for the purposes of the Equality Act 2010 and a worker for the purposes of the Working Time Regulations 1998.
Held: the EJ was entitled to find as she did. She considered all of the circumstances of the Claimant’s connection with the Respondent. She correctly analysed the facts and applied the law.
Lady Stacy
[2013] UKEAT 0024 – 13 – 1212
Bailii
Employment Rights Act 1996 230
England and Wales
Employment
Updated: 04 December 2021; Ref: scu.526536