Stack v Ajar -Tec Litd (Jurisdictional Points : Worker, employee or neither) [2011] UKEAT 0527_10_0807 (8 July 2011)

Stack v Ajar -Tec Litd (Jurisdictional Points : Worker, employee or neither) [2011] UKEAT 0527_10_0807 (8 July 2011)

The Employment Judge misdirected himself in law by holding that absence of agreed remuneration necessarily negated the existence of a contract of service or for services. A contract may exist even if the amount of remuneration is not fixed, provided there is an intention to pay.

Citation
[2011] UKEAT 0527_10_0807
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
08 July 2011
Procedural Posture
Employment Appeal / Appeal Against Pre Hearing Review Decision
Outcome
appeal allowed
Legal Topics
Worker Status, Employee Status, Constructive Dismissal, Contract Formation
Employment Law Worker Status Employee Status Constructive Dismissal Contract Formation

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the appellant was an employee or worker under the Employment Rights Act 1996
  2. 2 Whether absence of agreed remuneration negates existence of a contract of service or for services

Ratio Decidendi

The Employment Judge misdirected himself in law by holding that absence of agreed remuneration necessarily negated the existence of a contract of service or for services. A contract may exist even if the amount of remuneration is not fixed, provided there is an intention to pay.

Court Disposition

appeal allowed

Orders

  • Issue remitted to a different Employment Judge to determine whether a contract of service or for services existed entitling the appellant to remuneration, albeit not fixed.