MJ Quinn Integrated Services Ltd v Jones (Jurisdictional Points: Worker, employee or neither) [2017] UKEAT 0301_16_2504 (25 April 2017)

MJ Quinn Integrated Services Ltd v Jones (Jurisdictional Points: Worker, employee or neither) [2017] UKEAT 0301_16_2504 (25 April 2017)

The Employment Tribunal erred by failing to adequately explain how findings on integration and control negated the express terms of the contract for services, and by finding continuity of employment based on 'custom' without sufficient evidential basis. The matter must be remitted for reconsideration and further explanation.

Citation
[2017] UKEAT 0301_16_2504
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
25 April 2017
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing
Outcome
Appeal allowed; matter remitted to Employment Tribunal for reconsideration.
Legal Topics
Employment Status, Continuity of Employment, Contractual Construction, Unfair Dismissal, Worker/employee Distinction
Employment Law Employment Status Continuity of Employment Contractual Construction Unfair Dismissal Worker/employee Distinction

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing

Legal Issues

  1. 1 Whether the Respondent was an employee or self-employed for the purposes of the Employment Rights Act 1996
  2. 2 Whether the Respondent had sufficient continuity of employment to bring claims for unfair dismissal

Ratio Decidendi

The Employment Tribunal erred by failing to adequately explain how findings on integration and control negated the express terms of the contract for services, and by finding continuity of employment based on 'custom' without sufficient evidential basis. The matter must be remitted for reconsideration and further explanation.

Court Disposition

Appeal allowed; matter remitted to Employment Tribunal for reconsideration.

Orders

  • Remitted to Employment Judge Reed to reconsider and further explain findings on employment status and continuity.
  • Parties may call further evidence on the issue of custom regarding continuity of employment.