ESS Support Services LLP v Pabani & Anor (Contract of Employment) [2015] UKEAT 0161_15_1612 (16 December 2015)

ESS Support Services LLP v Pabani & Anor (Contract of Employment) [2015] UKEAT 0161_15_1612 (16 December 2015)

The Employment Tribunal erred in law in its approach to the contractual documents and the jurisdictional analysis. The Tribunal failed to properly construe the agreements, misapplied the principles regarding contractual implication and jurisdiction, and did not adequately weigh all relevant circumstances. The Claimant was not employed by the First Respondent, and there was no necessity to imply a contract. The question of jurisdiction over the Second Respondent must be reconsidered by a different Employment Judge.

Citation
[2015] UKEAT 0161_15_1612
Parties
Appellant/cross Appellant: Claimant (Name not specified); First Respondent: Compass Group plc; Second Respondent: ESS Support Services LLP
Jurisdiction
United Kingdom
Judgment Date
16 December 2015
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Preliminary Hearing
Outcome
Second Respondent's appeal allowed; Claimant's cross-appeal dismissed; case remitted for reconsideration.
Legal Topics
Jurisdiction, Unfair Dismissal, Protected Disclosures (whistleblowing), Implied Contract of Employment, Agency Worker Status, Governing Law Clauses
Employment Law Conflict of Laws Jurisdiction Unfair Dismissal Protected Disclosures (whistleblowing) Implied Contract of Employment Agency Worker Status Governing Law Clauses

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Claimant (Name not specified)

Appellant/cross Appellant

Compass Group plc

First Respondent

ESS Support Services LLP

Second Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to hear the claim against the Second Respondent (ESS) given the overseas employment and contractual terms
  2. 2 Whether there was an implied or express contract of employment or worker relationship between the Claimant and the First Respondent (Compass Group plc)
  3. 3 Whether the Claimant was an agency worker under section 43K of the Employment Rights Act 1996

Ratio Decidendi

The Employment Tribunal erred in law in its approach to the contractual documents and the jurisdictional analysis. The Tribunal failed to properly construe the agreements, misapplied the principles regarding contractual implication and jurisdiction, and did not adequately weigh all relevant circumstances. The Claimant was not employed by the First Respondent, and there was no necessity to imply a contract. The question of jurisdiction over the Second Respondent must be reconsidered by a different Employment Judge.

Court Disposition

Second Respondent's appeal allowed; Claimant's cross-appeal dismissed; case remitted for reconsideration.

Orders

  • Cross-appeal by Claimant dismissed: no contract of employment or worker status with First Respondent.
  • Appeal by Second Respondent allowed: Employment Tribunal's finding of jurisdiction set aside.