CVS Solicitors LLP v Van Der Borgh (Jurisdictional Points : Worker, employee or neither) [2012] UKEAT 0591_11_1604 (16 April 2012)

CVS Solicitors LLP v Van Der Borgh (Jurisdictional Points : Worker, employee or neither) [2012] UKEAT 0591_11_1604 (16 April 2012)

The Employment Tribunal failed to provide adequate reasoning regarding subordination and control, as required by Hashwani v Jivraj and Meek, rendering its decision deficient and necessitating remission for further consideration.

Citation
[2012] UKEAT 0591_11_1604
Parties
Appellant's Counsel: Charlotte Hadfield; Respondent's Counsel: Katherine Eddy
Jurisdiction
United Kingdom
Judgment Date
16 April 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Case remitted to Employment Tribunal for further consideration.
Legal Topics
Worker Status, Employee Status, Mutuality of Obligation, Subordination and Control, Age Discrimination, Religion or Belief Discrimination
Employment Law Discrimination Law Worker Status Employee Status Mutuality of Obligation Subordination and Control Age Discrimination Religion or Belief Discrimination

Case Brief

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Parties

Charlotte Hadfield

Appellant's Counsel

Katherine Eddy

Respondent's Counsel

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Claimant was an employee or worker for purposes of discrimination claims
  2. 2 Whether the Employment Tribunal applied the correct legal test post-Hashwani v Jivraj
  3. 3 Whether the Tribunal's reasoning was Meek compliant

Ratio Decidendi

The Employment Tribunal failed to provide adequate reasoning regarding subordination and control, as required by Hashwani v Jivraj and Meek, rendering its decision deficient and necessitating remission for further consideration.

Court Disposition

Case remitted to Employment Tribunal for further consideration.

Orders

  • Employment Judge Wade to reconsider whether the Claimant was in a relationship of subordination with the Respondent and provide reasons.
  • Judge to address whether the Respondent's concession regarding employee status was withdrawn and provide reasons.