The applicant, a computer programmer, worked through his own limited company. That company contracted with an agency to provide his services, and the agency contracted with appellant to supply on those services. The contracts did contain some confusion as to his identity and status. The company appealed a finding that he was their employee. The tribunal had erred in not taking as its first step the task of asking if a contract existed between the parties. The contractual arrangements were not stated to be a sham. The finding that the company was the agent of the appellant was not supported by any evidence, and could not itself be supported.
EAT Contract of Employment – Definition of Employee
EAT Contract of Employment – Definition of employee.
Judges:
The Honourable Mr Justice Douglas Brown
Citations:
EAT/612/01, [2001] UKEAT 612 – 01 – 2609
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hall (Inspector of Taxes) v Lorimer CA 5-Nov-1993
A freelance vision mixer remained self-employed despite having had a series of short term contracts. . .
Cited – Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance QBD 8-Dec-1967
Contracts of service or for services
In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’
Held: The . .
Cited by:
Cited – Esso Petroleum Company v Jarvis and others Brentvine Limited EAT 14-Nov-2001
The claimants had come to the employer through an agency. The issue now was whether they were the employees of the respondent. The employer said there was no mutuality of obligation, and therefore no contract, and no possible dismissal.
Held: . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 July 2022; Ref: scu.168339