A rent officer claimed unfair dismissal. The respondent said that being appointed under a statutory authority she was not an employee entitled to protection.
Held: The defence failed: ‘The question that the [employment] tribunal should have asked itself was whether [the applicant] was an employee, on the basis that she was also an office holder. It was an error to concentrate solely on whether the applicant was an office holder. On the basis of the facts, she was in the position of being both an office holder and an employee of the local authority.’
Judges:
Morison J
Citations:
[1999] UKEAT 724 – 97 – 2911, [2000] ICR 236
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 16 June 2022; Ref: scu.205874