A contract for services, which required the contractor to provide an alternate worker in case of sickness, could not be a contract of employment. Such a clause could not be said to require the services to be provided personally.
Mr Tanton contracted with the company to deliver its newspapers around Devon. A term of the contract provided: ‘In the event that the contractor is unable or unwilling to perform the services personally he shall arrange at his own expense entirely for another suitable person to perform the services.’
Held: The term defeated Mr Tanton’s claim to have been employed under a contract of service.
Peter Gibson LJ
Times 07-Apr-1999, Gazette 08-Apr-1999, Gazette 26-May-1999, [1999] IRLR 367, [1999] ICR 693, [1999] EWCA Civ 949
Bailii
Employment Rights Act 1996 230
England and Wales
Citing:
Appeal from – Express and Echo Publications Ltd v Tanton EAT 30-Jan-1998
When considering whether an unfair dismissal claimant was an employee, the tribunal should first establish as a fact the terms of the agreement and then consider whether any of the terms were inherently inconsistent with the existence of a contract . .
Cited by:
Cited – Montgomery v Johnson Underwood Ltd CA 9-Mar-2001
A worker who had strictly been employed by an agency but on a long term placement at a customer, claimed to have been unfairly dismissed by the customer when that placement ended.
Held: To see whether she was an employee the tribunal should . .
Cited – Autoclenz Ltd v Belcher and Others SC 27-Jul-2011
Car Cleaning nil-hours Contractors were Workers
The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated . .
Cited – Pimlico Plumbers Ltd and Another v Smith SC 13-Jun-2018
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary.
Held: The company’s . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 July 2021; Ref: scu.145864
