Autoclenz v Belcher & Ors

Autoclenz v Belcher & Ors

Permission to appeal is granted because there is a real prospect of success for the applicant on the issue of whether the respondents were workers required to perform personal service under the contract, given the arguable distinctions in the facts and the relationship between mutual obligation and personal service.

Parties
Appellant: Autoclenz; Respondent: Belcher & Ors
Jurisdiction
England and Wales
Judgment Date
29 September 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Worker Status, Contract of Employment, Personal Service, Mutuality of Obligation
Employment Law Worker Status Contract of Employment Personal Service Mutuality of Obligation

Case Brief

Summary, issues, holding and outcome

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Parties

Autoclenz

Appellant

Belcher & Ors

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the respondents were workers within the meaning of the Working Time Regulations
  2. 2 Whether the contract required personal service despite a substitution clause
  3. 3 Whether lack of mutuality of obligation precludes worker status

Ratio Decidendi

Permission to appeal is granted because there is a real prospect of success for the applicant on the issue of whether the respondents were workers required to perform personal service under the contract, given the arguable distinctions in the facts and the relationship between mutual obligation and personal service.

Court Disposition

permission to appeal granted

Orders

  • Application for permission to appeal is granted.