EAT JURISDICTIONAL POINTS: WORKER, EMPLOYEE OR NEITHER
PRACTICE AND PROCEDURE:
PRELIMINARY ISSUES
APPELLATE JURISDICTION/REASONS/BURNS-BARKE
The Tribunal accepted jurisdiction in a case in which the employee who lived and worked mainly in England drove lorries for a company based in Northern Ireland. There was no evidence the company had an office in England. The Tribunal failed to give sufficient reasons why it concluded it had jurisdiction, and may have asked where the employee worked or was based rather than the appropriate, and different, question which was whether the employer conducted business in England and Wales. Since the decision was not plainly and obviously right, it was to be remitted.
Citations:
[2010] UKEAT 0476 – 09 – 1401
Links:
Employment
Updated: 14 August 2022; Ref: scu.396773
