Alstom Transport v Tilson [2009] UKEAT 0358_09_1111 (11 November 2009)

Alstom Transport v Tilson [2009] UKEAT 0358_09_1111 (11 November 2009)

The judge erred in law by finding the contract was bogus without the issue being live or evidence canvassed; the intention of the parties was not to create an employment relationship, and the claimant was not an employee of Alstom.

Citation
[2009] UKEAT 0358_09_1111
Parties
Respondent: Alstom; Appellant: Claimant
Jurisdiction
United Kingdom
Judgment Date
11 November 2009
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed; judgment reversed
Legal Topics
Worker Status, Employee Status, Agency Workers, Unfair Dismissal
Employment Law Worker Status Employee Status Agency Workers Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Alstom

Respondent

Claimant

Appellant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant was an employee of the respondent
  2. 2 Whether the contractual documents were a sham or bogus
  3. 3 Whether the claimant was unfairly dismissed

Ratio Decidendi

The judge erred in law by finding the contract was bogus without the issue being live or evidence canvassed; the intention of the parties was not to create an employment relationship, and the claimant was not an employee of Alstom.

Court Disposition

appeal allowed; judgment reversed

Orders

  • The claimant was not an employee of Alstom.
  • The claimant was not unfairly dismissed.