Johnson Underwood Ltd v Montgomery & Anor [2000] UKEAT 509_98_1804 (18 April 2000)

Johnson Underwood Ltd v Montgomery & Anor [2000] UKEAT 509_98_1804 (18 April 2000)

The Employment Tribunal did not err in law in finding that Mrs Montgomery was an employee of Johnson Underwood Ltd for the purposes of her unfair dismissal claim, based on a balancing of factors including the terms of engagement, the length and nature of her assignment, and the practical realities of the relationship. There was no contract of employment between Mrs Montgomery and O & K Orenstein & Kopple Ltd, as there was no intention to create such a relationship and the contractual arrangements were with JU.

Citation
[2000] UKEAT 509_98_1804
Parties
Appellant / Applicant: Mrs J L Montgomery; First Respondent / Appellant: Johnson Underwood Ltd; Second Respondent / First Respondent: O & K Orenstein & Kopple Ltd
Jurisdiction
United Kingdom
Judgment Date
18 April 2000
Procedural Posture
Employment Appeal Tribunal (eat) Appeals / Appeal From Employment Tribunal Decision
Outcome
Both appeals dismissed; Employment Tribunal's decisions upheld.
Legal Topics
Employment Status, Contract of Employment, Agency Workers, Unfair Dismissal, Mutuality of Obligation, Control Test, Contract for Services Vs Contract of Service
Employment Law Employment Status Contract of Employment Agency Workers Unfair Dismissal Mutuality of Obligation Control Test Contract for Services Vs Contract of Service

Case Brief

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Parties

Mrs J L Montgomery

Appellant / Applicant

Johnson Underwood Ltd

First Respondent / Appellant

O & K Orenstein & Kopple Ltd

Second Respondent / First Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeals / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Mrs Montgomery was an employee of Johnson Underwood Ltd (JU) or O & K Orenstein & Kopple Ltd (O & K) for the purposes of unfair dismissal protection
  2. 2 Whether the Employment Tribunal erred in law in its approach to determining employment status

Ratio Decidendi

The Employment Tribunal did not err in law in finding that Mrs Montgomery was an employee of Johnson Underwood Ltd for the purposes of her unfair dismissal claim, based on a balancing of factors including the terms of engagement, the length and nature of her assignment, and the practical realities of the relationship. There was no contract of employment between Mrs Montgomery and O & K Orenstein & Kopple Ltd, as there was no intention to create such a relationship and the contractual arrangements were with JU.

Court Disposition

Both appeals dismissed; Employment Tribunal's decisions upheld.

Orders

  • Mrs Montgomery's appeal against the finding that she was not an employee of O & K is dismissed.
  • JU's appeal against the finding that Mrs Montgomery was its employee is dismissed.