Hawkins v Darken (t/a Sawbridgeworth Motorcyles) [2004] EWCA Civ 1755 (13 December 2004)

Hawkins v Darken (t/a Sawbridgeworth Motorcyles) [2004] EWCA Civ 1755 (13 December 2004)

Because Mr Cowell could delegate his work and was not required to perform it personally, he was not employed under a contract personally to do work; therefore, he was not an employee for the purposes of the Disability Discrimination Act 1995, and the employer did not exceed the small employer threshold.

Citation
[2004] EWCA Civ 1755
Parties
Appellant/respondent: Jamie Hawkins; Respondent/appellant: Nigel Darken t/a Sawbridgeworth Motorcycles
Jurisdiction
England and Wales
Judgment Date
13 December 2004
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Definition of Employee, Jurisdiction of Employment Tribunal, Contract of Service Vs Contract for Services
Employment Law Discrimination Law Disability Discrimination Definition of Employee Jurisdiction of Employment Tribunal Contract of Service Vs Contract for Services

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Parties

Jamie Hawkins

Appellant/respondent

Nigel Darken t/a Sawbridgeworth Motorcycles

Respondent/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Cowell was an employee under the Disability Discrimination Act 1995 for the purposes of the small employer exemption
  2. 2 Whether the Employment Tribunal had jurisdiction to hear Mr Hawkins' claim

Ratio Decidendi

Because Mr Cowell could delegate his work and was not required to perform it personally, he was not employed under a contract personally to do work; therefore, he was not an employee for the purposes of the Disability Discrimination Act 1995, and the employer did not exceed the small employer threshold.

Court Disposition

Appeal allowed

Orders

  • Order of the Employment Appeal Tribunal set aside
  • Decision of the Employment Tribunal restored