Doherty v McKee (t/a Professional Window Systems) [2005] NIIT 95_04 (01 November 2005)

Doherty v McKee (t/a Professional Window Systems) [2005] NIIT 95_04 (01 November 2005)

The tribunal concluded that the factors indicating self-employment (irregular work, freedom to work for others, lack of employment benefits, method of payment, and the parties' own intentions) outweighed those suggesting employment. Therefore, the claimant was not an employee and the tribunal had no jurisdiction to hear the unfair dismissal claim.

Citation
[2005] NIIT 95_04
Parties
Claimant: Liam Doherty; Respondent: Christopher McKee t/a Professional Window Systems
Jurisdiction
Northern Ireland
Judgment Date
01 November 2005
Procedural Posture
Industrial Tribunal / Jurisdictional Hearing
Outcome
Claim dismissed for lack of jurisdiction; costs application refused.
Legal Topics
Employment Status, Unfair Dismissal, Contract of Service Vs Contract for Services, Costs Applications
Employment Law Employment Status Unfair Dismissal Contract of Service Vs Contract for Services Costs Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Liam Doherty

Claimant

Christopher McKee t/a Professional Window Systems

Respondent

Procedural Posture

Industrial Tribunal / Jurisdictional Hearing

Legal Issues

  1. 1 Whether the claimant was an employee or self-employed contractor
  2. 2 Whether the tribunal had jurisdiction to hear an unfair dismissal claim

Ratio Decidendi

The tribunal concluded that the factors indicating self-employment (irregular work, freedom to work for others, lack of employment benefits, method of payment, and the parties' own intentions) outweighed those suggesting employment. Therefore, the claimant was not an employee and the tribunal had no jurisdiction to hear the unfair dismissal claim.

Court Disposition

Claim dismissed for lack of jurisdiction; costs application refused.

Orders

  • The tribunal has no jurisdiction to hear the claimant's claim of unfair dismissal.
  • Respondent's application for costs is refused.