EAT CONTRACT OF EMPLOYMENT
The Claimants were employed by the Prison Service. They were also officials of the Prison Officers Association (‘the Respondents’).
The issue was whether the Employment Tribunal was entitled to hold that the Claimants were employees of the Prison Service as well as being at the same time employees of the Respondents.
Held:
The Employment Tribunal was entitled to reach that conclusion as:-
(a) an individual can at the same time have two jobs with two different employers provided that they are compatible with each other (Statement of Rix LJ in Viasystems (Tyneside) Limited v Thermal Transfer (Northern) Limited [2005] IRLR 983 considered);
(b) the proper test as set out in 102 Social Club and Institute Ltd v Bickerton [1977] ICR 911 at 918 was applied to the Claimants’ work with the respondents; and there was no error of law in the Employment Tribunal’s reasoning.
Citations:
[2009] UKEAT 0405 – 09 – 1712
Links:
Employment
Updated: 11 August 2022; Ref: scu.392544