McCarthy & Ors v. Blue Sword Construction Ltd [2003] UKEAT 0223_03_1407 (14 July 2003)
The appellants were employees, not merely workers, based on the degree of control, provision of tools, economic reality, and mutual obligations; there was no agreement for rolled-up holiday pay; appellants are entitled to both notice pay and holiday pay.
- Citation
- [2003] UKEAT 0223_03_1407
- Parties
- Appellants: Messrs McCarthy, Jackson and Smith; Respondent: Blue Sword Construction Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 14 July 2003
- Procedural Posture
- Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision
- Outcome
- Appeals allowed
- Legal Topics
- Employment Status, Unlawful Deduction of Wages, Holiday Pay, Notice Pay, Rolled Up Holiday Pay, Worker Vs Employee Distinction
Case Brief
Summary, issues, holding and outcome
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Parties
Messrs McCarthy, Jackson and Smith
Appellants
Blue Sword Construction Ltd
Respondent
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision
Legal Issues
- 1 Whether the appellants were employees or workers for statutory purposes
- 2 Whether the appellants were entitled to holiday pay and notice pay
- 3 Whether there was an agreement for rolled-up holiday pay
Ratio Decidendi
The appellants were employees, not merely workers, based on the degree of control, provision of tools, economic reality, and mutual obligations; there was no agreement for rolled-up holiday pay; appellants are entitled to both notice pay and holiday pay.
Court Disposition
Appeals allowed
Orders
- Awards made to each appellant for one week's notice pay (£775 each) and holiday pay (£405 each)
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