Tilson v Alstom Transport

Tilson v Alstom Transport

There was no proper basis on which any employment tribunal, properly directing itself on the facts, could find that there was a direct contractual relationship between Alstom and the appellant. The agency arrangements explained the relationship, and the appellant had expressly refused employment. The implication of a contract was not necessary, and the appeal was dismissed.

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 Contracts, Unfair Dismissal, Employment Status, Contract of Service
Employment Law Agency Workers Implied Contracts Unfair Dismissal Employment Status Contract of Service

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) for purposes of unfair dismissal jurisdiction
  2. 2 Whether a contract should be implied between the worker and end user despite agency arrangements

Ratio Decidendi

There was no proper basis on which any employment tribunal, properly directing itself on the facts, could find that there was a direct contractual relationship between Alstom and the appellant. The agency arrangements explained the relationship, and the appellant had expressly refused employment. The implication of a contract was not necessary, and the appeal was dismissed.

Court Disposition

Appeal dismissed