Thorburn v Dherves & Anor [2010] UKEAT 0007_10_2303 (23 March 2010)

Thorburn v Dherves & Anor [2010] UKEAT 0007_10_2303 (23 March 2010)

The Employment Judge was entitled to find, based on the evidence, that the claimant worked for Dr Thorburn personally from 1 September 2008 after the company ceased trading, and was entitled to the monetary awards for unpaid wages and holiday pay.

Citation
[2010] UKEAT 0007_10_2303
Parties
Appellant: Dr George Thorburn; First Respondent: Arpolith Direkt Ltd; Second Respondent: Dr George Thorburn
Jurisdiction
United Kingdom
Judgment Date
23 March 2010
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Contract of Employment, Jurisdictional Points, Worker or Employee Status
Employment Law Contract of Employment Jurisdictional Points Worker or Employee Status

Case Brief

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Parties

Dr George Thorburn

Appellant

Arpolith Direkt Ltd

First Respondent

Dr George Thorburn

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant was employed by Dr Thorburn personally after the company ceased trading
  2. 2 Whether the claimant was entitled to unpaid wages and holiday pay from Dr Thorburn

Ratio Decidendi

The Employment Judge was entitled to find, based on the evidence, that the claimant worked for Dr Thorburn personally from 1 September 2008 after the company ceased trading, and was entitled to the monetary awards for unpaid wages and holiday pay.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; monetary awards to claimant upheld
  • Leave to appeal to the Court of Appeal refused