Redrow Homes (Yorkshire) Ltd v Wright [2004] EWCA Civ 469 (23 April 2004)

Redrow Homes (Yorkshire) Ltd v Wright [2004] EWCA Civ 469 (23 April 2004)

The contracts between Redrow and the applicants required the applicants to perform the work personally, as evidenced by the intention of the parties, the method of payment, and the factual context. Condition 6 of the standard terms, which would have permitted use of other labour, was not applicable to these contracts. Therefore, the applicants were 'workers' within the meaning of the Working Time Regulations 1998 and entitled to the protections thereunder.

Citation
[2004] EWCA Civ 469
Parties
Appellant: Redrow Homes (Yorkshire) Ltd; Appellant: Redrow Homes (North West) Ltd; Respondent: Mr B Wright; Respondent: Mr K Roberts
Jurisdiction
England and Wales
Judgment Date
23 April 2004
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeals dismissed
Legal Topics
Definition of Worker, Personal Service Obligation, Working Time Regulations 1998, Employment Status, Interpretation of Contracts
Employment Law Labour Law Definition of Worker Personal Service Obligation Working Time Regulations 1998 Employment Status Interpretation of Contracts

Case Brief

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Parties

Redrow Homes (Yorkshire) Ltd

Appellant

Redrow Homes (North West) Ltd

Appellant

Mr B Wright

Respondent

Mr K Roberts

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the applicants were 'workers' within the meaning of the Working Time Regulations 1998
  2. 2 Whether the contracts required personal performance of work by the applicants

Ratio Decidendi

The contracts between Redrow and the applicants required the applicants to perform the work personally, as evidenced by the intention of the parties, the method of payment, and the factual context. Condition 6 of the standard terms, which would have permitted use of other labour, was not applicable to these contracts. Therefore, the applicants were 'workers' within the meaning of the Working Time Regulations 1998 and entitled to the protections thereunder.

Court Disposition

Appeals dismissed

Orders

  • Appeals by Redrow Homes (Yorkshire) Ltd and Redrow Homes (North West) Ltd dismissed
  • Employment Appeal Tribunal decisions upheld