Boss Projects LLP v Bragg (Jurisdictional Points : Worker, employee or neither) [2013] UKEAT 0330_13_0611 (06 November 2013)

Boss Projects LLP v Bragg (Jurisdictional Points : Worker, employee or neither) [2013] UKEAT 0330_13_0611 (06 November 2013)

Despite the contract's express terms, the reality of the relationship showed the Claimant was not in business on his own account, was personally selected, worked under direction, and could not genuinely substitute another, making him a 'worker' under the Working Time Regulations.

Citation
[2013] UKEAT 0330_13_0611
Parties
Appellant: Boss Projects LLP; Respondent: Claimant (name not specified)
Jurisdiction
United Kingdom
Judgment Date
06 November 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Worker Status, Employment Status, Working Time Regulations, Contractual Interpretation
Employment Law Worker Status Employment Status Working Time Regulations Contractual Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Boss Projects LLP

Appellant

Claimant (name not specified)

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Claimant, classified in contract as self-employed, was a 'worker' under the Working Time Regulations

Ratio Decidendi

Despite the contract's express terms, the reality of the relationship showed the Claimant was not in business on his own account, was personally selected, worked under direction, and could not genuinely substitute another, making him a 'worker' under the Working Time Regulations.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.