RSA Consulting Ltd v Evans

RSA Consulting Ltd v Evans

The appeal was dismissed because the Employment Tribunal judge failed to consider all relevant evidence, including oral evidence, and did not properly direct himself as to the legal principles regarding implied contracts and worker status. There was a real risk that Dr Evans' case was not properly considered, and it...

Source-derived case information.

Parties
Appellant: RSA Consulting Limited; Respondent: Dr Patricia Evans
Jurisdiction
England and Wales
Judgment Date
23 July 2010
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Worker Status, Implied Contracts, Unauthorised Deduction From Wages, Employment Relationship, Preliminary Strike Out Applications
Employment Law Worker Status Implied Contracts Unauthorised Deduction From Wages Employment Relationship Preliminary Strike Out Applications

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Summary, issues, holding and outcome

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Parties

RSA Consulting Limited

Appellant

Dr Patricia Evans

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether Dr Evans had an arguable case that she was a worker in an employment relationship with RSA Consulting Limited under section 230 of the Employment Rights Act 1996
  2. 2 Whether it was necessary to imply a contract between Dr Evans and RSA Consulting Limited to give effect to the actual relationship between the parties
  3. 3 Whether the Employment Tribunal erred in striking out the claim against RSA Consulting Limited without considering all relevant evidence

Ratio Decidendi

The appeal was dismissed because the Employment Tribunal judge failed to consider all relevant evidence, including oral evidence, and did not properly direct himself as to the legal principles regarding implied contracts and worker status. There was a real risk that Dr Evans' case was not properly considered, and it was at least arguable that she might be able to establish an employment relationship with RSA Consulting Limited. The case should not have been struck out without a full consideration of the evidence.

Court Disposition

appeal dismissed

Orders

  • The appeal by RSA Consulting Limited is dismissed.
  • The matter is remitted for further consideration consistent with the judgment.