Digital Communication Systems Ltd v Scully (JURISDICTIONAL POINTS -– Worker, employee or neither) [2019] UKEAT 0182_19_0512 (5 December 2019)

Digital Communication Systems Ltd v Scully (JURISDICTIONAL POINTS -– Worker, employee or neither) [2019] UKEAT 0182_19_0512 (5 December 2019)

The Employment Judge's findings that there was both no requirement for personal service (due to a right of substitution) and that the claimant was a 'limb (b)' worker are fundamentally contradictory. The appeal is allowed and the issue of 'limb (b)' worker status is remitted for reconsideration.

Citation
[2019] UKEAT 0182_19_0512
Parties
Appellant: Digital Communication Systems Limited; Respondent: [Claimant Name Not Provided]
Jurisdiction
United Kingdom
Judgment Date
05 December 2019
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Worker Status, Employee Status, Limb (b) Worker, Personal Service, Right of Substitution
Employment Law Worker Status Employee Status Limb (b) Worker Personal Service Right of Substitution

Case Brief

Summary, issues, holding and outcome

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Parties

Digital Communication Systems Limited

Appellant

[Claimant Name Not Provided]

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant was an employee, a 'limb (b)' worker, or neither under employment legislation

Ratio Decidendi

The Employment Judge's findings that there was both no requirement for personal service (due to a right of substitution) and that the claimant was a 'limb (b)' worker are fundamentally contradictory. The appeal is allowed and the issue of 'limb (b)' worker status is remitted for reconsideration.

Court Disposition

appeal allowed

Orders

  • The finding that the claimant was a 'limb (b)' worker is set aside.
  • The issue of 'limb (b)' worker status is remitted to a new Employment Judge for reconsideration based on the primary facts found by Judge Roper.