Cobex Ltd v Green [1997] UKEAT 127_97_2511 (25 November 1997)

Cobex Ltd v Green [1997] UKEAT 127_97_2511 (25 November 1997)

The Tribunal was entitled to find that the respondent was an employee throughout the relevant period based on uninterrupted succession of contracts, regular hours, control, and inability to substitute, distinguishing from 'casual worker' cases where mutuality was lacking.

Citation
[1997] UKEAT 127_97_2511
Parties
Appellant: Cobex Ltd; Respondent: Mr Doyle
Jurisdiction
United Kingdom
Judgment Date
25 November 1997
Procedural Posture
Employment Appeal / Appeal Against Industrial Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Employment Status, Mutuality of Obligations, Unfair Dismissal, Wrongful Dismissal
Employment Law Employment Status Mutuality of Obligations Unfair Dismissal Wrongful Dismissal

Case Brief

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Parties

Cobex Ltd

Appellant

Mr Doyle

Respondent

Procedural Posture

Employment Appeal / Appeal Against Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the respondent was an employee under section 230 of the Employment Rights Act 1996
  2. 2 Whether mutuality of obligations existed to establish a contract of employment

Ratio Decidendi

The Tribunal was entitled to find that the respondent was an employee throughout the relevant period based on uninterrupted succession of contracts, regular hours, control, and inability to substitute, distinguishing from 'casual worker' cases where mutuality was lacking.

Court Disposition

appeal dismissed

Orders

  • The Tribunal's decision that the respondent was an employee is upheld.
  • No rehearing required on mutuality of obligation.