Varnish v British Cycling Federation (T/A British Cycling) (Employee, Worker or Self Employed): EAT 20 May 2020

The Claimant is a talented professional cyclist. The Respondent is a not-for-profit organisation that promotes and controls the sport of cycling in the UK. The Claimant entered into a written agreement with the Respondent, pursuant to which she undertook (amongst other things) to train hard for the common purpose of winning medals for the British cycling team. The question for the Tribunal was whether the Claimant was an employee or a worker of the Respondent within the meaning of s.230 of the Employment Rights Act 1996. The Tribunal concluded that the Claimant was neither. The Claimant appealed.
Held, dismissing the appeal, that the Tribunal was entitled to conclude, based on an evaluative judgment taking account of all relevant factors, that the Claimant was not an employee or a worker. The Tribunal had not erred in its approach to the assessment of employee status and nor had it reached conclusions that no reasonable tribunal, properly directed, could have reached.
[2020] UKEAT 0022 – 20 – 2005
England and Wales

Updated: 29 September 2021; Ref: scu.653272