GE Caledonian Ltd v McCandliss: EAT 22 Nov 2011

EAT Contract of Employment : Whether Established – SEX DISCRIMINATION – Jurisdiction – Unfair dismissal. Sponsorship of former mechanical engineering apprentice (Claimant) for university degree under a ‘University Sponsorship’ contract. Claimant withdrew from degree course and sponsor gave him the option of either resuming it or accepting an internship, both of which he declined. Sponsor refused him full time employment to which he considered he was entitled. Employment Tribunal found that he had been unfairly dismissed and awarded compensation (based on the full time rates payable to a semi skilled engineer – approaching matters on the basis that he had been continuously employed). On appeal, held that the Tribunal had erred. The Claimant was not employed under a contract of employment and had, accordingly, no rights under s.94 of the Employment Rights Act 1996.

Judges:

Lady Smith J

Citations:

[2011] UKEAT 0069 – 10 – 2211

Links:

Bailii

Statutes:

Employment Rights Act 1996 94

Jurisdiction:

England and Wales

Employment

Updated: 04 October 2022; Ref: scu.450624