Major v Help The Aged (mail order) Ltd [2005] NIIT 2684_04 (24 October 2005)

Major v Help The Aged (mail order) Ltd [2005] NIIT 2684_04 (24 October 2005)

The claimants were not subject to sufficient control by the respondent, and the overall relationship, including the absence of employment benefits, fluctuating income, method of payment, and claimants' own representations, indicated self-employment rather than employment. Thus, they were not employees for the purposes of Article 3 of the Employment Rights (Northern Ireland) Order 1996.

Citation
[2005] NIIT 2684_04
Parties
Claimant: Denise Major; Claimant: Wendy Williams; Respondent: Help The Aged (mail order) Limited
Jurisdiction
Northern Ireland
Judgment Date
24 October 2005
Procedural Posture
Industrial Tribunal Pre Hearing Review / Preliminary Issue Determination
Outcome
Claims dismissed
Legal Topics
Employment Status, Unfair Dismissal, Breach of Contract, Wrongful Dismissal, Contract for Services Vs Contract of Service
Employment Law Employment Status Unfair Dismissal Breach of Contract Wrongful Dismissal Contract for Services Vs Contract of Service

Case Brief

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Parties

Denise Major

Claimant

Wendy Williams

Claimant

Help The Aged (mail order) Limited

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the claimants were employees or self-employed contractors for the purposes of Article 3 of the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The claimants were not subject to sufficient control by the respondent, and the overall relationship, including the absence of employment benefits, fluctuating income, method of payment, and claimants' own representations, indicated self-employment rather than employment. Thus, they were not employees for the purposes of Article 3 of the Employment Rights (Northern Ireland) Order 1996.

Court Disposition

Claims dismissed

Orders

  • Claims of unfair dismissal and breach of contract/wrongful dismissal are dismissed.