Consistent Group Ltd. v Kalwak & Anor

Consistent Group Ltd. v Kalwak & Anor

Permission to appeal is granted because there is a real prospect of success that the Employment Tribunal failed to provide adequate reasons for its findings, particularly regarding the obligation to work, the obligation to provide work, and the application of the control test.

Parties
Appellant: Consistent Group Ltd; Respondent: Kalwak & Anr
Jurisdiction
England and Wales
Judgment Date
18 September 2007
Procedural Posture
Civil Appeal / Permission to Appeal From Employment Appeal Tribunal
Outcome
Permission to appeal granted
Legal Topics
Employment Status, Agency Workers, Contracts of Employment, Control Test, Adequacy of Reasons
Employment Law Employment Status Agency Workers Contracts of Employment Control Test Adequacy of Reasons

Case Brief

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Parties

Consistent Group Ltd

Appellant

Kalwak & Anr

Respondent

Procedural Posture

Civil Appeal / Permission to Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding the workers were employees of Consistent Group Ltd
  2. 2 Whether the Employment Tribunal failed to consider or explain rejection of material evidence
  3. 3 Whether the control test was properly applied

Ratio Decidendi

Permission to appeal is granted because there is a real prospect of success that the Employment Tribunal failed to provide adequate reasons for its findings, particularly regarding the obligation to work, the obligation to provide work, and the application of the control test.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Amendment of grounds of appeal directed