McCullagh v LBM Direct Marketing [2008] NIIT 2001_07IT (08 August 2008)

McCullagh v LBM Direct Marketing [2008] NIIT 2001_07IT (08 August 2008)

No contract of employment was formed between the claimant and LBM Direct Marketing as OA had no authority to offer employment and LBM made no offer; thus, no breach of contract claim could arise. OA was not the employer and the tribunal had no jurisdiction over it for breach of contract.

Citation
[2008] NIIT 2001_07IT
Parties
Claimant: Nichola McCullagh; First Named Respondent: LBM Direct Marketing; Second Named Respondent: Office Angels Limited T/A OA Call Centre
Jurisdiction
Northern Ireland
Judgment Date
08 August 2008
Procedural Posture
Industrial Tribunal Breach of Contract / Final Decision After Hearing; Claimant Absent
Outcome
Claim dismissed
Legal Topics
Breach of Contract, Employment Contract Formation, Agency Law, Jurisdiction of Industrial Tribunal
Employment Law Breach of Contract Employment Contract Formation Agency Law Jurisdiction of Industrial Tribunal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Nichola McCullagh

Claimant

LBM Direct Marketing

First Named Respondent

Office Angels Limited T/A OA Call Centre

Second Named Respondent

Procedural Posture

Industrial Tribunal Breach of Contract / Final Decision After Hearing; Claimant Absent

Legal Issues

  1. 1 Whether a contract of employment existed between claimant and LBM Direct Marketing
  2. 2 Whether Office Angels acted as agent for LBM in offering employment
  3. 3 Whether there was a breach of contract

Ratio Decidendi

No contract of employment was formed between the claimant and LBM Direct Marketing as OA had no authority to offer employment and LBM made no offer; thus, no breach of contract claim could arise. OA was not the employer and the tribunal had no jurisdiction over it for breach of contract.

Court Disposition

Claim dismissed

Orders

  • Claim for breach of contract against both respondents is dismissed.