All items: Employment status

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  Diocese of Southwark v Coker [1996] ICR 896 EAT (1 report relating to this case)

  • Contracts of employment: Assistant curate is not an "employee"

    Date:

    15 October 1996

    In Diocese of Southwark v Coker, the EAT overrules an industrial tribunal's decision that an assistant curate in the Church of England was an "employee" rather than a mere "office-holder" for the purposes of bringing an unfair dismissal complaint.

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  Duke v Martin Retail Group plc EAT/647/92 (1 report relating to this case)

  • Contracts of employment: Shop manager is an independent contractor

    Date:

    1 May 1994

    The EAT holds in Duke v Martin Retail Group plc that despite the high degree of control exercised by the company, the overall effect of a shop manager's contract, under which he had day-to-day control of the running of the business and responsibility for the employment and payment of his own staff, pointed to him being an independent contractor rather than an employee.

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  Eaton v (1) Robert Eaton Ltd and (2) Secretary of State for Employment [1988] IRLR 83 EAT (1 report relating to this case)

  • Eaton v Robert Eaton Ltd and Secretary of State for Employment

    Date:

    1 March 1988

    In Eaton v Robert Eaton Ltd and Secretary of State for Employment [1988] IRLR 83 EAT, the EAT held that the Industrial Tribunal had not erred in law in holding that the appellant managing director was not an employee of the respondent company and, therefore, was not entitled to a redundancy payment when the company ceased trading.

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  Esso Petroleum Company v (1) Jarvis and others (2) Brentvine Ltd EAT/0831/00 (2 reports relating to this case)

  • Employment status: Agency worker was not client company's employee

    Date:

    9 December 2002

    The EAT holds in Esso Petroleum Co Ltd v (1) Jarvis and others (2) Brentvine Ltd that an employment tribunal which expressly found that there was no contract, either written or oral, between a client company and a worker supplied to it by an employment agency, erred in law in going on to rule that the existence of factors consistent with a contract of employment subsisting, and the fact that the worker had worked continuously for the client company for nine years, made her an employee of the client company.

  • Whose responsibility is the agency worker?

    Date:

    14 May 2002

    Even if the company is not the employer, potential liabilities can remain when taking on staff through an employment agency.

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  Express and Echo Publications Ltd v Tanton [1999] IRLR 367 CA (1 report relating to this case)

  • Employment status: Contract of employment must require employee to provide services personally

    Date:

    1 June 1999

    In Express and Echo Publications Ltd v Tanton, the Court of Appeal holds that it is necessary for a contract of employment to contain an obligation on the part of the employee to provide his or her services personally.

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  F&G Cleaners Ltd v Saddington and others [2012] IRLR 892 EAT (1 report relating to this case)

  • Refusal to accept self-employed terms after TUPE transfer not a failure to mitigate loss

    Date:

    21 August 2012

    The Employment Appeal Tribunal has held that two claimants did not fail to mitigate their losses when they refused to accept self-employed terms offered by a transferee that refused to recognise the continuation of their employment under TUPE.

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  Fleming v Secretary of State for Trade and Industry [1997] IRLR 682 CS (1 report relating to this case)

  • Employment status: No rule of law as to majority shareholder's employment status

    Date:

    1 March 1998

    In Fleming v Secretary of State for Trade and Industry, the Court of Session rejects the proposition that a majority shareholder can never be an employee for the purposes of the employment protection legislation.

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  Flett v Matheson [2005] IRLR 412 EAT (1 report relating to this case)

  • Employment status: 'Modern apprenticeship' not apprenticeship

    Date:

    15 July 2005

    In Flett v Matheson, the EAT holds that the employment tribunal had correctly found that the employee was not employed under a traditional fixed-term contract of apprenticeship as his training period involved a tripartite agreement between the employer, employee and a training provider.

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  Flett v Matheson [2006] IRLR 277 CA (1 report relating to this case)

  • Employment status: 'Modern apprenticeship' agreement could be contract of apprenticeship

    Date:

    2 June 2006

    In Flett v Matheson [2006] IRLR 277 CA, the Court of Appeal establishes that a "modern apprenticeship" agreement may be construed as a contract of apprenticeship in the traditional sense.

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  Franks v Reuters Ltd and another [2003] IRLR 423 CA (3 reports relating to this case)

  • Employment status: Employee status to be determined from full consideration of evidence

    Date:

    18 July 2003

    In Franks v Reuters Ltd and another, the Court of Appeal holds that in determining an individual's employment status, an employment tribunal should consider, not only any relevant documents, but also all the relevant evidence about the dynamics of the work relationship between the parties, and make clear and comprehensive findings of fact on this evidence.

  • Landmark temps ruling could leave employers paying the price

    Date:

    1 May 2003

    Court of Appeal decision makes it clear that companies could be liable to be taken to tribunal if temporary workers can claim there is an implied employment contract.

  • Case round-up: employment status of temporary staff; and incorporation of holiday pay

    Date:

    29 April 2003

    This week's case round-up from Eversheds, covering: employment status of temporary staff; and incorporation of holiday pay.