Employment status

New and updated

  • Christie v (1) Department for Constitutional Affairs (2) Department for Work and Pensions

    Date:
    17 September 2007
    Type:
    Law reports

    In Christie v (1) Department for Constitutional Affairs (2) Department for Work and Pensions EAT/0140/07, the Employment Appeal Tribunal (EAT) has held that there is not a common definition of worker in European law. Therefore a part-time tribunal chair who was paid a daily fee could not claim that he was covered by the part-time workers regulations.

  • Continuity of employment: Casual worker's continuity not broken by holiday

    Date:
    14 September 2007
    Type:
    Law reports

    In Vernon v Event Management Catering Ltd EAT/0161/07 the EAT held that a casual worker who, with the exception of a single two-week break to take a holiday, worked every week for more than three years was an employee and had sufficient continuity of service to claim unfair dismissal. He could demonstrate the existence of a contract of employment in each week during the relevant period and the period of holiday did not break his continuity of employment.

  • Wood Group Engineering (North Sea) Ltd v Robertson

    Date:
    11 September 2007
    Type:
    Law reports

    In Wood Group Engineering (North Sea) Ltd v Robertson EATS/0081/06, the Employment Appeal Tribunal (EAT) has considered when a contract of employment can be implied between an agency worker and an end user.

  • Employment status: Agency workers were directly employed by agency

    Date:
    22 August 2007
    Type:
    Law reports

    In Consistent Group Ltd v Kalwak and others [2007] IRLR 560 EAT the Employment Appeal Tribunal held that polish workers recruited in Poland by the agency in question and provided with both accommodation in the UK and transport to and from work were employees of the agency. Notwithstanding express written terms to the contrary, the reality of their relationship was one of employer and employees.

  • Consistent Group Ltd v Kalwak and others

    Date:
    6 June 2007
    Type:
    Law reports

    In Consistent Group Ltd v Kalwak and others [2007] IRLR 560 EAT, the Employment Appeal Tribunal (EAT) has held that an employment agency had entered into contracts of employment with workers.

  • Employment status: Worker was not employed by both agency and end user

    Date:
    1 May 2007
    Type:
    Law reports

    In Cairns v Visteon UK Ltd [2007] IRLR 175 EAT the Employment Appeal Tribunal held that there was no necessity to imply a contract of employment between a worker and the end user in a triangular agency arrangement where the worker had an employment contract with the agency and the conduct of the three parties was consistent with the existing express agreements.

  • Employment status: No employment contract between worker and end user

    Date:
    1 May 2007
    Type:
    Law reports

    In James v London Borough of Greenwich [2007] IRLR 168 EAT the Employment Appeal Tribunal held that an employment tribunal properly decided that there was no implied contract of employment between an agency worker and the end user for whom she had worked for three years.

  • Heatherwood & Wexham Park Hospitals NHS Trust v Kulubowila and others

    Date:
    16 April 2007
    Type:
    Law reports

    In Heatherwood & Wexham Park Hospitals NHS Trust v Kulubowila and others EAT/0633/06, the Employment Appeal Tribunal (EAT) has overturned an employment tribunal decision implying a contract of employment between an agency worker and an end user.

  • Craigie v London Borough of Haringey

    Date:
    6 March 2007
    Type:
    Law reports

    In Craigie v London Borough of Haringey EAT/0556/06, the Employment Appeal Tribunal (EAT) has considered when a contract of employment can be implied between an agency worker and an end user.

  • Ministry of Defence HQ Defence Dental Service v Kettle

    Date:
    14 February 2007
    Type:
    Law reports

    In Ministry of Defence HQ Defence Dental Service v Kettle EAT/0308/06, the Employment Appeal Tribunal (EAT) has considered when it is necessary to look outside the terms of the contract of employment when deciding whether or not an individual is an employee.