Milliken v DX Network Services [2011] NIIT 01143_11IT (17 October 2011)

Milliken v DX Network Services [2011] NIIT 01143_11IT (17 October 2011)

The claimant had a genuine and unfettered right to substitute a relief driver, and remuneration for the relief driver was entirely a matter for the claimant. The claimant was paid whether he or the relief driver performed the work. This arrangement negated the obligation to perform work personally, so the claimant was not a worker under Article 2(1)(b) of the Working Time Regulations (Northern Ireland) 1998.

Citation
[2011] NIIT 01143_11IT
Parties
Claimant: Christopher Milliken; Respondent: DX Network Services
Jurisdiction
Northern Ireland
Judgment Date
17 October 2011
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Claimant was not a worker as defined by Article 2 of the Working Time Regulations (Northern Ireland) 1998.
Legal Topics
Worker Status, Working Time Regulations, Right of Substitution
Employment Law Worker Status Working Time Regulations Right of Substitution

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Christopher Milliken

Claimant

DX Network Services

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant was a worker as defined by Article 2 of the Working Time Regulations (Northern Ireland) 1998

Ratio Decidendi

The claimant had a genuine and unfettered right to substitute a relief driver, and remuneration for the relief driver was entirely a matter for the claimant. The claimant was paid whether he or the relief driver performed the work. This arrangement negated the obligation to perform work personally, so the claimant was not a worker under Article 2(1)(b) of the Working Time Regulations (Northern Ireland) 1998.

Court Disposition

Claimant was not a worker as defined by Article 2 of the Working Time Regulations (Northern Ireland) 1998.