Ajar-Tec Ltd v Stack

Ajar-Tec Ltd v Stack

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 a rehearing as it is not safe for the court to assess the evidence itself.

Parties
Appellant: AJAR-TEC LIMITED; Respondent: STACK
Jurisdiction
England and Wales
Judgment Date
26 April 2012
Procedural Posture
Appeal / 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

Case Brief

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Parties

AJAR-TEC LIMITED

Appellant

STACK

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Stack was an employee or worker under section 230 of the Employment Rights Act 1996
  2. 2 Whether an implied contract existed between Mr Stack and AJAR-TEC LIMITED

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 a rehearing as it is not safe for the court to assess the evidence itself.

Court Disposition

Appeal dismissed

Orders

  • Matter remitted to a different Tribunal for rehearing