Muschett v HM Prison Service
Mr Muschett was never an employee of HM Prison Service under a contract of employment or contract for services. The agency arrangements remained genuine and were not displaced by the facts. No contract existed between Mr Muschett and HMPS, and the wider definition of 'employment' in discrimination legislation did not apply. The appeal was dismissed.
- Parties
- Appellant: Eric Muschett; Respondent: HM Prison Service
- Jurisdiction
- England and Wales
- Judgment Date
- 02 February 2010
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Agency Worker Status, Implied Contract, Unfair Dismissal, Wrongful Dismissal, Sex Discrimination, Racial Discrimination, Religious Discrimination
Case Brief
Summary, issues, holding and outcome
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Parties
Eric Muschett
Appellant
HM Prison Service
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether an agency worker's status can develop into that of an employee of the end user
- 2 Whether a contract of employment or contract for services existed between Mr Muschett and HM Prison Service
- 3 Whether Mr Muschett could claim under the wider definition of 'employment' in discrimination legislation
Ratio Decidendi
Mr Muschett was never an employee of HM Prison Service under a contract of employment or contract for services. The agency arrangements remained genuine and were not displaced by the facts. No contract existed between Mr Muschett and HMPS, and the wider definition of 'employment' in discrimination legislation did not apply. The appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed.
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