Clarkson v Pensher Security Doors Ltd [2009] UKEAT 0107_09_1606 (16 June 2009)
The Tribunal did not err in law in finding that the claimant was not a worker but was operating a business undertaking; the correct legal test was applied, and the factual findings supported the conclusion that the claimant was a trusted independent contractor, not integrated into the respondent's business, and free to work elsewhere.
- Citation
- [2009] UKEAT 0107_09_1606
- Parties
- Appellant: Appellant (Claimant); Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 16 June 2009
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal Prehearing Review
- Outcome
- appeal dismissed
- Legal Topics
- Worker Status, Business Undertaking Exception, Employment Rights Act 1996, Working Time Regulations 1998
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant (Claimant)
Appellant
Respondent
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Prehearing Review
Legal Issues
- 1 Whether the claimant was a 'worker' under section 230(3)(b) of the Employment Rights Act 1996 and the Working Time Regulations 1998
- 2 Whether the Employment Tribunal erred in law in finding the claimant was not a worker
Ratio Decidendi
The Tribunal did not err in law in finding that the claimant was not a worker but was operating a business undertaking; the correct legal test was applied, and the factual findings supported the conclusion that the claimant was a trusted independent contractor, not integrated into the respondent's business, and free to work elsewhere.
Court Disposition
appeal dismissed
Full Case Text
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