N Sejpal v Rodericks Dental Limited

N Sejpal v Rodericks Dental Limited

The employment tribunal erred in law by focusing on contractual wording and requiring a sham to disregard it, failing to apply the statutory test and purpose. There was a contract and requirement for personal service, with fetters on substitution. The remaining questions on profession or business undertaking and client/customer status require fresh determination.

Parties
Appellant: Ms Neha Sejpal; Respondent: Rodericks Dental Ltd
Jurisdiction
England and Wales
Judgment Date
16 June 2022
Procedural Posture
Employment Appeal / Judgment on Appeal, Remitted for Further Determination
Outcome
Appeal allowed, determination substituted, matter remitted for further determination by a different tribunal.
Legal Topics
Worker Status, Personal Service, Mutuality of Obligation, Substitution Clauses, Statutory Interpretation, Contractual Analysis, Profession or Business Undertaking, Client or Customer Exclusion
Employment Law Equality Law Worker Status Personal Service Mutuality of Obligation Substitution Clauses Statutory Interpretation Contractual Analysis +2 more

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Parties

Ms Neha Sejpal

Appellant

Rodericks Dental Ltd

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal, Remitted for Further Determination

Legal Issues

  1. 1 Whether the claimant was a worker under section 230(3)(b) ERA
  2. 2 Whether the claimant was an employee under section 83(2)(a) EQA
  3. 3 Whether there was a contract with mutuality of obligation

Ratio Decidendi

The employment tribunal erred in law by focusing on contractual wording and requiring a sham to disregard it, failing to apply the statutory test and purpose. There was a contract and requirement for personal service, with fetters on substitution. The remaining questions on profession or business undertaking and client/customer status require fresh determination.

Court Disposition

Appeal allowed, determination substituted, matter remitted for further determination by a different tribunal.

Orders

  • Determination that claimant entered into and worked under a contract with respondent requiring personal service substituted for tribunal's finding.
  • Questions of profession or business undertaking and client/customer status remitted to a different employment tribunal.