Jurisdictional Points – Worker, Employee or Neither – The issue before the Employment Judge (‘EJ’) was whether the Claimant was an employee, a ‘limb (b)’ worker or neither. He rejected the claim that the Claimant was an employee inter alia on the basis that there was no obligation to provide personal service because there was a right of substitution and then went on to decide that he was a ‘limb (b)’ worker. Those two propositions could not stand together and the appeal against the finding that he was a ‘limb (b)’ worker had to be allowed. The matter was remitted to a new EJ to decide the ‘limb (b)’ worker issue afresh in the light of the original findings of primary fact.
Citations:
[2019] UKEAT 0182 – 19 – 0512
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 October 2022; Ref: scu.646867