Stringfellow Restaurants Ltd v Quashie

Stringfellow Restaurants Ltd v Quashie

The absence of an obligation on the employer to pay wages, combined with the claimant's economic risk and the parties' intention for self-employed status, precluded the existence of a contract of employment.

Parties
Appellant: Stringfellow Restaurants Ltd; Respondent: Nadine Quashie
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed; Tribunal's finding restored.
Legal Topics
Employment Status, Contract of Employment, Mutuality of Obligation, Unfair Dismissal
Employment Law Employment Status Contract of Employment Mutuality of Obligation Unfair Dismissal

Case Brief

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Parties

Stringfellow Restaurants Ltd

Appellant

Nadine Quashie

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was employed under a contract of employment as defined by section 230 of the Employment Rights Act 1996
  2. 2 Whether there was sufficient mutuality of obligation to constitute a contract of employment
  3. 3 Whether the claimant had the necessary qualifying period of continuous employment

Ratio Decidendi

The absence of an obligation on the employer to pay wages, combined with the claimant's economic risk and the parties' intention for self-employed status, precluded the existence of a contract of employment.

Court Disposition

Appeal allowed; Tribunal's finding restored.

Orders

  • The claimant was not employed under a contract of employment.
  • The Tribunal has no jurisdiction to hear the claim of unfair dismissal.