Lavelle v Thompson [2007] NIFET 343_04 (27 March 2007)

Lavelle v Thompson [2007] NIFET 343_04 (27 March 2007)

The claimant was not an employee because he had an unfettered power to appoint a substitute, was paid wholly by commission, bore financial risk, was not subject to company control or disciplinary procedures, and both parties understood the relationship as self-employment. The personal service and control tests were not satisfied, and the contractual terms were inconsistent with a contract of service.

Citation
[2007] NIFET 343_04
Parties
Claimant: Conn Lavelle; Respondent: Billy Thompson; Respondent: Colin Reed; Respondent: British Bakeries Limited
Jurisdiction
Northern Ireland
Judgment Date
27 March 2007
Procedural Posture
Pre Hearing Review / Jurisdictional Determination
Outcome
claim dismissed
Legal Topics
Employment Status, Unfair Dismissal, Definition of Employee, Contract of Service, Personal Service Requirement
Employment Law Employment Status Unfair Dismissal Definition of Employee Contract of Service Personal Service Requirement

Case Brief

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Parties

Conn Lavelle

Claimant

Billy Thompson

Respondent

Colin Reed

Respondent

British Bakeries Limited

Respondent

Procedural Posture

Pre Hearing Review / Jurisdictional Determination

Legal Issues

  1. 1 Whether the claimant was an employee within the meaning of Article 3 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the Tribunal had jurisdiction to entertain the claimant's complaint of unfair dismissal

Ratio Decidendi

The claimant was not an employee because he had an unfettered power to appoint a substitute, was paid wholly by commission, bore financial risk, was not subject to company control or disciplinary procedures, and both parties understood the relationship as self-employment. The personal service and control tests were not satisfied, and the contractual terms were inconsistent with a contract of service.

Court Disposition

claim dismissed

Orders

  • The claimant's unfair dismissal claim is dismissed for lack of jurisdiction as he was not an employee within the meaning of Article 3 of the Employment Rights (Northern Ireland) Order 1996.