Lewis v B & B Decorators [1998] UKEAT 1285_97_1310 (13 October 1998)

Lewis v B & B Decorators [1998] UKEAT 1285_97_1310 (13 October 1998)

The Tribunal Chairman failed to state or apply the correct legal test for employment status and did not adequately consider all relevant factors, rendering the decision unsatisfactory.

Source-derived case information.

Citation
[1998] UKEAT 1285_97_1310
Parties
Appellant: Appellant; Respondent: First Respondent; Respondent: Second Respondent
Jurisdiction
United Kingdom
Judgment Date
13 October 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Preliminary Issue
Outcome
appeal allowed
Legal Topics
Employment Status, Unfair Dismissal, Redundancy Payment, Contract of Employment
Employment Law Employment Status Unfair Dismissal Redundancy Payment Contract of Employment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Preliminary Issue

Legal Issues

  1. 1 Whether the appellant was an employee or an independent contractor
  2. 2 Whether the correct legal test was applied by the Tribunal Chairman
  3. 3 Whether the decision was perverse or against the weight of evidence

Ratio Decidendi

The Tribunal Chairman failed to state or apply the correct legal test for employment status and did not adequately consider all relevant factors, rendering the decision unsatisfactory.

Court Disposition

appeal allowed

Orders

  • case remitted for rehearing of the preliminary issue before a differently constituted Industrial Tribunal