Contract of Employment : Whether Established – JURISDICTIONAL POINTS – Worker, employee or neither
JURISDICTIONAL POINTS – Agency relationships
The employment tribunal had not erred in law or made any perverse decision in finding that the Claimant became an employee of the First Respondent, employed under a contract of employment, from April 2011 onwards when she undertook an obligation to work exclusively for the First Respondent, in return for a quarterly ‘exclusivity’ payment of pounds 1,000. Nor was the tribunal’s reasoning deficient.
It was not open to the Respondents to contend on appeal that the Claimant had never entered into any contract of any kind with either Respondent and that the contract was, rather, between the partnership in which the Claimant was a partner and the First Respondent. That argument had not been advanced to the employment tribunal; the argument below had been that the Claimant provided services personally to the First Respondent under a contract for services, not that she never contracted personally at all.
Citations:
[2018] UKEAT 0075 – 18 – 1911
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 May 2022; Ref: scu.634376