EAT JURISDICTIONAL POINTS: Worker, employee or neither
For 13 years the Claimant worked installing double glazing for the Respondent. In 2004 he signed a ‘contract supply agreement’ though matters continued as before. On the Respondent ceasing to use his services the Claimant claimed unfair dismissal. The Respondent asserted the Claimant was not an employee but a supplier of services under the agreement which contained an ‘entire agreement’ clause. The Employment Judge characterised the ‘entire agreement’ clause as a sham and looking at all the circumstances held the Claimant was an employee. The Respondent appealed.
Held: the Employment Judge was entitled to reach the conclusion that the entire agreement clause was a sham and looking at all the circumstances to hold that the Claimant was an employee. Appeal dismissed.
Citations:
[2009] UKEAT 0188 – 09 – 1808
Links:
Statutes:
Citing:
Cited – Snook v London and West Riding Investments Ltd CA 1967
Sham requires common intent to create other result
The court considered a claim by a hire-purchase company for the return of a vehicle. The bailee said the agreement was a sham.
Held: The word ‘sham’ should only be used to describe an act or document where the parties have a common intention . .
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 – Clark v Oxfordshire Health Authority CA 18-Dec-1997
A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.
Sir . .
Cited – Consistent Group Ltd v Kalwak and others CA 29-Apr-2008
The court was asked whether the claimants were either employees or workers of the company. They had been engaged to wash cars under nil-hours contracts. . .
Cited – Protectacoat Firthglow Ltd v Szilagyi CA 20-Feb-2009
The court considered an employment contract said to be a sham.
Held: While a document which could be shown to be a sham designed to deceive others would be wholly disregarded in deciding what was the true relationship between the parties, it . .
Cited – Redrow Homes (Yorkshire) Ltd v Buckborough and Another EAT 10-Oct-2008
redrow_buckboroughEAT2008
EAT JURISDICTIONAL POINTS: Worker, employee or neither
WORKING TIME REGULATIONS: Worker / Holiday pay
As in Redrow Homes (Yorkshire) Ltd v Wright 2004 IRLR 720, the issue in this appeal was whether . .
Cited by:
Appeal from – Launahurst Ltd v Larner CA 30-Mar-2010
The company appealed against a finding that the respondent was its employee and not an independent contractor, and that its contract with him was a sham.
Held: The employer’s appeal succeeded. The EAT had erred: ‘there was plainly a procedural . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 30 July 2022; Ref: scu.372868