EAT JURISDICTIONAL POINTS – Worker, employee or neither
As a matter of construction of the contract, the Claimant was not required to perform work personally since he had an unfettered right to send others, provided they met the employer’s conditions as to suitability: Premier Groundworks Ltd v Jozsa applied.
There is no reason to further taxonomise borderline employment cases: Westwood [2012] EWCA Civ 1005, paragraph 1; Clyde [2012] EWCA Civ 1207.
Judges:
McMullen QC J
Citations:
[2012] UKEAT 0195 – 12 – 2609
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Premier Groundworks Ltd v Jozsa EAT 17-Mar-2009
EAT WORKING TIME REGULATIONS: Worker / Holiday Pay
Mr Victor Jozsa (‘the claimant’) entered into a written agreement dated 1 January 2006 with Premier Groundworks Ltd (‘the respondent’) to provide groundwork . .
Cited – The Hospital Medical Group Ltd v Westwood CA 24-Jul-2012
The Hospital Medical Group argued that Dr Westwood was in business on his own account as a doctor, in which he had three customers, the NHS for his services as a general practitioner, the Albany Clinic for whom he did transgender work, and the . .
Cited – L’Estrange v F Graucob Limited CA 1934
The company’s order form contained a clause providing them with complete exemption from liability: ‘Any express or implied, condition, statement of warranty, statutory or otherwise is expressly excluded’.
Held: If a party signs a written . .
Cited – Clyde and Co Llp and Another v Bates van Winkelhof CA 26-Sep-2012
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 November 2022; Ref: scu.465818