Hawkins v Darken (t/a Sawbridgeworth Motorcyles)

Hawkins v Darken (t/a Sawbridgeworth Motorcyles)

Mr Cowell was not employed under a contract personally to do work for Mr Darken because he was free to send a substitute to perform deliveries, failing the personal service test; therefore, the statutory exemption for small businesses applied and the Employment Tribunal lacked jurisdiction.

Parties
Applicant/respondent: Jamie Hawkins; Respondent/appellant: Nigel Darken t/a Sawbridgeworth Motorcycles
Jurisdiction
England and Wales
Judgment Date
13 December 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Definition of Employee, Contract Personally to Do Work, Statutory Exemption for Small Businesses
Employment Law Disability Discrimination Definition of Employee Contract Personally to Do Work Statutory Exemption for Small Businesses

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Parties

Jamie Hawkins

Applicant/respondent

Nigel Darken t/a Sawbridgeworth Motorcycles

Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Cowell was an employee under section 68(1) of the Disability Discrimination Act 1995
  2. 2 Whether the Employment Tribunal had jurisdiction based on the number of employees

Ratio Decidendi

Mr Cowell was not employed under a contract personally to do work for Mr Darken because he was free to send a substitute to perform deliveries, failing the personal service test; therefore, the statutory exemption for small businesses applied and the Employment Tribunal lacked jurisdiction.

Court Disposition

Appeal allowed

Orders

  • Order of the Employment Appeal Tribunal set aside
  • Decision of the Employment Tribunal restored