Smith v Carillion (JM) Ltd & Anor
The appellant was not contractually employed by Mowlem as a limb (b) worker; statutory protection at the relevant time applied only to employees; section 3 of the Human Rights Act cannot be used to construe legislation retrospectively; the appeal fails on both contractual and statutory grounds.
- Parties
- Appellant: David Smith; Respondent: Carillion (JM) Ltd; Intervener: Secretary of State for Business, Innovation and Skills
- Jurisdiction
- England and Wales
- Judgment Date
- 18 March 2015
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Agency Workers, Trade Union Activities, Health and Safety Representatives, Victimisation, Statutory Interpretation, Human Rights Act, Blacklisting
Case Brief
Summary, issues, holding and outcome
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Parties
David Smith
Appellant
Carillion (JM) Ltd
Respondent
Secretary of State for Business, Innovation and Skills
Intervener
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the appellant was contractually employed by the respondent as a limb (b) worker
- 2 Whether sections 146 and 44 of the relevant statutes could be construed to protect limb (b) workers
- 3 Whether Human Rights Act and Convention rights could extend statutory protection retrospectively
Ratio Decidendi
The appellant was not contractually employed by Mowlem as a limb (b) worker; statutory protection at the relevant time applied only to employees; section 3 of the Human Rights Act cannot be used to construe legislation retrospectively; the appeal fails on both contractual and statutory grounds.
Court Disposition
Appeal dismissed
Full Case Text
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