EAT CONTRACT OF EMPLOYMENT – Incorporation into contract
The Claimant was hired by the Mosque as a teacher of the Mosque’s weekend school in 1997. In 1998 the Claimant agreed to work as the Nursery Manager and continued to do so until the termination of her employment. A company called Al Madina Nursery School Limited was incorporated. The issue arose as to whether the Claimant was employed at the termination of her contract in 2010 by the Mosque or by the Nursery. The Employment Tribunal held that she was employed by the Nursery. She appealed.
Held: dismissing the appeal.
The Employment Tribunal was entitled to reach that decision as the identity of the Claimant’s employer was varied so that she ceased to be employed by the Mosque and this was shown by the facts that:-
a) Her payslips, her P46 and her time sheet all had the name of the Nursery on it;
b) She was paid by the Nursery;
c) When asked to draft some terms and conditions for her staff, the draft referred to the employer as being the Nursery;
d) Initially in her claim to the Employment Tribunal, the Claimant said that she had been employed by the Nursery but she only amended her claim to contend that the Mosque as her employer at a time when it appeared that the Nursery had suspended its operations; and
e) The Claimant wrote letters about the Nursery and signed herself as Nursery Manager.
Judges:
Silber J
Citations:
[2012] UKEAT 0110 – 12 – 1707
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 November 2022; Ref: scu.462929