Tilson v Alstom Transport [2010] EWCA Civ 1308 (19 November 2010)

Tilson v Alstom Transport [2010] EWCA Civ 1308 (19 November 2010)

On the facts, it was not necessary to imply a contract of employment between the appellant and Alstom, as the agency arrangements explained the relationship, the appellant had expressly declined employment, and the parties would have acted the same way absent a contract. Therefore, no contract of employment existed and the claim for unfair dismissal could not proceed.

Citation
[2010] EWCA Civ 1308
Parties
Appellant: Tilson; Respondent: Alstom Transport
Jurisdiction
England and Wales
Judgment Date
19 November 2010
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Agency Workers, Implied Contract of Employment, Unfair Dismissal, Employment Status, Contractual Necessity
Employment Law Agency Workers Implied Contract of Employment Unfair Dismissal Employment Status Contractual Necessity

Case Brief

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Parties

Tilson

Appellant

Alstom Transport

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether an agency worker had a contract of service with the end user (Alstom)
  2. 2 Whether it was necessary to imply a contract of employment between the agency worker and the end user to confer jurisdiction for unfair dismissal

Ratio Decidendi

On the facts, it was not necessary to imply a contract of employment between the appellant and Alstom, as the agency arrangements explained the relationship, the appellant had expressly declined employment, and the parties would have acted the same way absent a contract. Therefore, no contract of employment existed and the claim for unfair dismissal could not proceed.

Court Disposition

Appeal dismissed