Harlow District Council v O’Mahony & Anor [2007] UKEAT 0144_07_2106 (21 June 2007)

Harlow District Council v O’Mahony & Anor [2007] UKEAT 0144_07_2106 (21 June 2007)

The conduct and factual matrix of the relationship between the Claimant and HDC, including control, direct negotiation, provision of equipment, discipline, and holiday/sickness procedures, required the implication of a contract of employment between them, notwithstanding the agency arrangement. The Tribunal's conclusion was sustainable in law.

Citation
[2007] UKEAT 0144_07_2106
Parties
Claimant: Mr O'Mahony; 1st Respondent: Harlow District Council; 2nd Respondent: APS Recruitment Ltd
Jurisdiction
United Kingdom
Judgment Date
21 June 2007
Procedural Posture
Employment Appeal / Appeal Against Reserved Judgment of Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Contract of Employment, Implied Contract, Triangular Employment Relationship, Unfair Dismissal
Employment Law Contract of Employment Implied Contract Triangular Employment Relationship Unfair Dismissal

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Parties

Mr O'Mahony

Claimant

Harlow District Council

1st Respondent

APS Recruitment Ltd

2nd Respondent

Procedural Posture

Employment Appeal / Appeal Against Reserved Judgment of Employment Tribunal

Legal Issues

  1. 1 Whether an implied contract of employment existed between the worker and the end-user (HDC) in a triangular agency-worker-end user relationship
  2. 2 Whether the Employment Tribunal gave adequate reasons for its conclusion

Ratio Decidendi

The conduct and factual matrix of the relationship between the Claimant and HDC, including control, direct negotiation, provision of equipment, discipline, and holiday/sickness procedures, required the implication of a contract of employment between them, notwithstanding the agency arrangement. The Tribunal's conclusion was sustainable in law.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Tribunal's finding of unfair dismissal and the remedy awarded stand.