EAT Contract of Employment – Definition of employee – Requirement of personal service for contract of employment. Written contractual term allowing for substitute to be sent without restriction. Chairman accepted oral evidence to the contrary (no finding of ‘sham’ or variation). Impermissible finding. See Tanton; Stevedoring v Fuller (CA). Appeal allowed.
Judges:
His Honour Judge Peter Clark
Citations:
UK/0516/05, [2005] UKEAT 0516 – 05 – 0912
Links:
Jurisdiction:
England and Wales
Employment
Updated: 22 May 2022; Ref: scu.238184