Ajar-Tec Ltd v Stack [2012] EWCA Civ 543 (26 April 2012)

Ajar-Tec Ltd v Stack [2012] EWCA Civ 543 (26 April 2012)

The employment judge erred in law by treating the absence of an agreed remuneration as fatal to the existence of a contract. The matter should be remitted for reconsideration as it is possible for a contract to be inferred with an implied term to pay reasonable remuneration.

Citation
[2012] EWCA Civ 543
Parties
Appellant: AJAR-TEC LIMITED; Respondent: STACK
Jurisdiction
England and Wales
Judgment Date
26 April 2012
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Employment Status, Implied Contracts, Constructive Unfair Dismissal, Unauthorised Deduction From Wages
Employment Law Employment Status Implied Contracts Constructive Unfair Dismissal Unauthorised Deduction From Wages

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Parties

AJAR-TEC LIMITED

Appellant

STACK

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Stack was an employee or worker of AJAR-TEC Limited
  2. 2 Whether the absence of an agreed remuneration is fatal to the existence of a contract of employment or worker's contract
  3. 3 Whether a contract can be inferred from the conduct of the parties

Ratio Decidendi

The employment judge erred in law by treating the absence of an agreed remuneration as fatal to the existence of a contract. The matter should be remitted for reconsideration as it is possible for a contract to be inferred with an implied term to pay reasonable remuneration.

Court Disposition

Appeal dismissed

Orders

  • Matter remitted to a different Employment Tribunal for reconsideration