EAT Preliminary issues
The EAT concludes that in construing the statutory definition of ‘worker’ for the purposes of the provisions providing protection for protected disclosures under Part IV A of the Employment Rights Act 1996, it is appropriate to adopt a purposive approach.
Accordingly, where an individual supplies his services to an employment agency through his own company and the employment agency, in turn, provides the services of that company to an end user, it may be that in appropriate circumstances the individual is a ‘worker’ of the end user for the purposes of this part of the 1996 Act.
Judges:
Wilkie J
Citations:
[2007] UKEAT 0238 – 05 – 0404, UKEAT/0238/05, [2007] ICR 1303
Links:
Statutes:
Cited by:
Cited – Sharpe v The Bishop of Worcester CA 30-Apr-2015
Reverend Sharpe applied for the post of Rector of Teme Valley South. The right to present (or nominate) a member of the clergy to this living was vested in Mr and Mrs Miles but a person could not be nominated without the Bishop’s approval, which was . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 10 July 2022; Ref: scu.251302