Rothwell v. Committee for The Time Being of The Gorse Hill Working Men’s Club [2003] UKEAT 1435_01_1912 (19 December 2003)

Rothwell v. Committee for The Time Being of The Gorse Hill Working Men’s Club [2003] UKEAT 1435_01_1912 (19 December 2003)

The Applicant was not an employee but was a 'worker' for the purposes of Section 230(3) of the Employment Rights Act 1996 and Section 68 of the Disability Discrimination Act 1995, based on the Tribunal's findings that he did regular, paid bar work. The Tribunal properly considered the evidence before it, even though it was not specifically pleaded, and discharged its duty in the circumstances.

Citation
[2003] UKEAT 1435_01_1912
Parties
Appellant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
19 December 2003
Procedural Posture
Employment Appeal / Preliminary Hearing and Remittal
Outcome
Partially allowed; remitted to Employment Tribunal for further determination.
Legal Topics
Worker Status, Unfair Dismissal, Unlawful Deductions From Pay, Disability Discrimination, Pleadings and Evidence, Statutory Interpretation
Employment Law Discrimination Law Worker Status Unfair Dismissal Unlawful Deductions From Pay Disability Discrimination Pleadings and Evidence Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing and Remittal

Legal Issues

  1. 1 Whether the Applicant was an employee or worker under the Employment Rights Act 1996 and Disability Discrimination Act
  2. 2 Whether the Employment Tribunal properly considered evidence not specifically pleaded
  3. 3 Whether the Applicant's claims under the statutes could proceed based on the findings

Ratio Decidendi

The Applicant was not an employee but was a 'worker' for the purposes of Section 230(3) of the Employment Rights Act 1996 and Section 68 of the Disability Discrimination Act 1995, based on the Tribunal's findings that he did regular, paid bar work. The Tribunal properly considered the evidence before it, even though it was not specifically pleaded, and discharged its duty in the circumstances.

Court Disposition

Partially allowed; remitted to Employment Tribunal for further determination.

Orders

  • Case remitted to the same Employment Tribunal to determine the deduction of payments for bar work and jurisdiction under the Disability Discrimination Act.