cvs_borghEAT2012
EAT JURISDICTIONAL POINTS – Worker, employee or neither
The Claimant became a consultant to the Respondent firm of solicitors. An issue arose as to whether he was an employee or a ‘worker’. After conclusion of the evidence the Supreme Court gave judgement in Hashwani v Jivraj [2011] ICR 1004. The decision was referred to the Employment Judge but she did not do more than to say that ‘the Employment Tribunal had considered its conclusions in the light of that judgement and they remain the same.’ The Employment Tribunal did not explain what findings, if any, it made relating to the questions of subordination and control which the Supreme Court had held were crucial to the determination of whether or not the Claimant was an employee.
Case remitted to the Employment Tribunal for further consideration.
Serota QC J
[2012] UKEAT 0591 – 11 – 1604
Bailii
England and Wales
Employment, Legal Professions
Updated: 02 November 2021; Ref: scu.459923