PFS Security Ltd. v Smith
The Court held that Mr Smith was an employee from September 2001, with the apprenticeship and employment contracts running concurrently. The Employment Tribunal's findings were supported by evidence, and there was no error of law. The fresh evidence sought to be introduced by PFS was not significant enough to affect the outcome and there was no satisfactory explanation for its late production.
- Parties
- Appellant: PFS Security Ltd; Respondent: Mark Smith
- Jurisdiction
- England and Wales
- Judgment Date
- 19 May 2006
- Procedural Posture
- Employment Appeal / Application for Permission to Appeal to Court of Appeal
- Outcome
- permission to appeal refused
- Legal Topics
- Unfair Dismissal, Apprenticeship, Contract of Employment, Fresh Evidence, Natural Justice
Case Brief
Summary, issues, holding and outcome
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Parties
PFS Security Ltd
Appellant
Mark Smith
Respondent
Procedural Posture
Employment Appeal / Application for Permission to Appeal to Court of Appeal
Legal Issues
- 1 Whether Mr Smith was an employee or only an apprentice for the relevant period
- 2 Whether the Employment Tribunal's decision was perverse or unsupported by evidence
- 3 Whether fresh evidence should be admitted on appeal
Ratio Decidendi
The Court held that Mr Smith was an employee from September 2001, with the apprenticeship and employment contracts running concurrently. The Employment Tribunal's findings were supported by evidence, and there was no error of law. The fresh evidence sought to be introduced by PFS was not significant enough to affect the outcome and there was no satisfactory explanation for its late production.
Court Disposition
permission to appeal refused
Full Case Text
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