Redrow Homes (Yorkshire) Ltd v Wright

Redrow Homes (Yorkshire) Ltd v Wright

The contracts between Redrow and the applicants required personal performance of work by the applicants. Condition 6, which might have permitted the use of others, was not intended to apply to these contracts given the factual context and the parties' intention. The applicants were therefore 'workers' within the meaning of the Working Time Regulations 1998 and entitled to the relevant protections.

Parties
Appellant: Redrow Homes (Yorkshire) Ltd; Respondent: Mr B Wright; Appellant: Redrow Homes (North West) Ltd; Respondent: Mr K Roberts & Ors
Jurisdiction
England and Wales
Judgment Date
23 April 2004
Procedural Posture
Appeal / Judgment of the Court of Appeal on Appeal From the Employment Appeal Tribunal
Outcome
Appeals dismissed
Legal Topics
Definition of Worker, Personal Service Obligation, Working Time Regulations, Employment Status, Interpretation of Contract Terms
Employment Law Definition of Worker Personal Service Obligation Working Time Regulations Employment Status Interpretation of Contract Terms

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Parties

Redrow Homes (Yorkshire) Ltd

Appellant

Mr B Wright

Respondent

Redrow Homes (North West) Ltd

Appellant

Mr K Roberts & Ors

Respondent

Procedural Posture

Appeal / Judgment of the Court of Appeal on Appeal From the 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
  3. 3 Whether Condition 6 of the contract permitted substitution or required personal service

Ratio Decidendi

The contracts between Redrow and the applicants required personal performance of work by the applicants. Condition 6, which might have permitted the use of others, was not intended to apply to these contracts given the factual context and the parties' intention. The applicants were therefore 'workers' within the meaning of the Working Time Regulations 1998 and entitled to the relevant protections.

Court Disposition

Appeals dismissed

Orders

  • Applicants confirmed as 'workers' under the Working Time Regulations 1998
  • Redrow ordered to pay compensation as determined by the Employment Tribunals