Wittenberg v Sunset Personnel Services Ltd & Ors (Jurisdictional Points : Working outside the jurisdiction) [2013] UKEAT 0019_13_2111 (21 November 2013)

Wittenberg v Sunset Personnel Services Ltd & Ors (Jurisdictional Points : Working outside the jurisdiction) [2013] UKEAT 0019_13_2111 (21 November 2013)

The Employment Tribunal erred in law by applying the wrong test to determine the identity of the employer, focusing on which entity performed employer-like functions rather than who was contractually and factually the employer. The matter must be remitted for reconsideration applying the correct legal tests. The Tribunal's findings on territorial jurisdiction were also dependent on the employer identity and thus could not stand.

Citation
[2013] UKEAT 0019_13_2111
Parties
Appellant: Claimant (name not specified); First Respondent: Fairway Personnel Services Limited; Respondents: Second to Sixth Respondents (various Tidewater group companies)
Jurisdiction
United Kingdom
Judgment Date
21 November 2013
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Preliminary Decision
Outcome
Case remitted to Employment Tribunal for reconsideration of employer identity and jurisdiction applying correct legal principles.
Legal Topics
Employer Identity, Territorial Jurisdiction, Unfair Dismissal, Redundancy Payment, Written Reasons for Dismissal, Statement of Terms and Conditions, Discrimination (race and Age), Breach of Contract, Working Time Regulations
Employment Law Jurisdiction Employer Identity Territorial Jurisdiction Unfair Dismissal Redundancy Payment Written Reasons for Dismissal Statement of Terms and Conditions +3 more

Case Brief

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Parties

Claimant (name not specified)

Appellant

Fairway Personnel Services Limited

First Respondent

Second to Sixth Respondents (various Tidewater group companies)

Respondents

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Preliminary Decision

Legal Issues

  1. 1 Who was the claimant's employer for statutory and contractual purposes?
  2. 2 Did the Employment Tribunal have territorial jurisdiction over the claims under the Employment Rights Act 1996, Equality Act 2010, and Working Time Regulations 1998?

Ratio Decidendi

The Employment Tribunal erred in law by applying the wrong test to determine the identity of the employer, focusing on which entity performed employer-like functions rather than who was contractually and factually the employer. The matter must be remitted for reconsideration applying the correct legal tests. The Tribunal's findings on territorial jurisdiction were also dependent on the employer identity and thus could not stand.

Court Disposition

Case remitted to Employment Tribunal for reconsideration of employer identity and jurisdiction applying correct legal principles.

Orders

  • Parties to make further submissions on remittal.
  • Employment Tribunal to reconsider findings on employer identity and territorial jurisdiction.