Lynch v Perfecseal Ltd [2007] NIIT 572_06 (15 March 2007)

Lynch v Perfecseal Ltd [2007] NIIT 572_06 (15 March 2007)

An implied contract of service existed between the claimant and the Company during the period of work, as the Company exercised day-to-day control and undertook to pay for the work done, satisfying the requirements of mutuality of obligation and control. The Company was therefore the employer from 13 September 2004 until 24 March 2006.

Citation
[2007] NIIT 572_06
Parties
Claimant: Paul Martin Lynch; Respondent: Perfecseal Ltd; Respondent: MPA Recruitment
Jurisdiction
Northern Ireland
Judgment Date
15 March 2007
Procedural Posture
Pre Hearing Review / Determination of Correct Employer
Outcome
The Company was the employer of the claimant from 13 September 2004 until 24 March 2006.
Legal Topics
Employment Status, Implied Contract of Service, Agency Workers, Mutuality of Obligation, Control Test
Employment Law Employment Status Implied Contract of Service Agency Workers Mutuality of Obligation Control Test

Case Brief

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Parties

Paul Martin Lynch

Claimant

Perfecseal Ltd

Respondent

MPA Recruitment

Respondent

Procedural Posture

Pre Hearing Review / Determination of Correct Employer

Legal Issues

  1. 1 Who was the employer of the claimant between 13 September 2004 and 24 March 2006?
  2. 2 Whether an implied contract of service existed between the claimant and the Company.

Ratio Decidendi

An implied contract of service existed between the claimant and the Company during the period of work, as the Company exercised day-to-day control and undertook to pay for the work done, satisfying the requirements of mutuality of obligation and control. The Company was therefore the employer from 13 September 2004 until 24 March 2006.

Court Disposition

The Company was the employer of the claimant from 13 September 2004 until 24 March 2006.

Orders

  • The Company is declared to have been the employer of the claimant during the relevant period.