Iles v. Ross Newton Recruitment [2000] UKEAT 568_99_1207 (12 July 2000)

Iles v. Ross Newton Recruitment [2000] UKEAT 568_99_1207 (12 July 2000)

The Tribunal below erred in law by not properly construing the contract and failing to apply the correct test for employee status. The terms of engagement, especially those in Appendix A, demonstrated sufficient control and obligations consistent with employment. The appellant was an employee under a contract of service.

Citation
[2000] UKEAT 568_99_1207
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
12 July 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed
Legal Topics
Employee Status, Contract of Service, Redundancy Payment, Notice Pay, Employment Agency Law
Employment Law Employee Status Contract of Service Redundancy Payment Notice Pay Employment Agency Law

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the appellant was an employee of the respondent agency under a contract of service
  2. 2 Whether the appellant was entitled to redundancy payment and payment in lieu of notice

Ratio Decidendi

The Tribunal below erred in law by not properly construing the contract and failing to apply the correct test for employee status. The terms of engagement, especially those in Appendix A, demonstrated sufficient control and obligations consistent with employment. The appellant was an employee under a contract of service.

Court Disposition

Appeal allowed

Orders

  • The appellant is held to be an employee under a contract of service.
  • Leave to appeal to the Court of Appeal is refused.