Launahurst Ltd v Arner

Launahurst Ltd v Arner

The Employment Tribunal erred in law and procedure by finding the contract clause a sham without notice or evidence; the factual relationship and contractual terms established Mr Larner as a self-employed sub-contractor, not an employee.

Parties
Appellant: Launahurst Limited; Respondent: Mr Nigel Larner
Jurisdiction
England and Wales
Judgment Date
30 March 2010
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; claim dismissed.
Legal Topics
Employment Status, Unfair Dismissal, Contractual Interpretation, Sham Contracts, Mutuality of Obligation
Employment Law Employment Status Unfair Dismissal Contractual Interpretation Sham Contracts Mutuality of Obligation

Case Brief

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Parties

Launahurst Limited

Appellant

Mr Nigel Larner

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Larner was an employee or self-employed sub-contractor
  2. 2 Whether clause 11 of the Contract Supply Agreement was a sham
  3. 3 Whether the Employment Tribunal erred in law and procedure

Ratio Decidendi

The Employment Tribunal erred in law and procedure by finding the contract clause a sham without notice or evidence; the factual relationship and contractual terms established Mr Larner as a self-employed sub-contractor, not an employee.

Court Disposition

Appeal allowed; claim dismissed.

Orders

  • Decisions of the Employment Tribunal and Employment Appeal Tribunal set aside.
  • Claim for unfair dismissal dismissed.