G4S Secure Solutions (UK) Ltd v Alphonso (Practice and Procedure : Appellate jurisdiction/Reasons/Burns-Barke) [2013] UKEAT 0051_13_1909 (19 September 2013)

G4S Secure Solutions (UK) Ltd v Alphonso (Practice and Procedure : Appellate jurisdiction/Reasons/Burns-Barke) [2013] UKEAT 0051_13_1909 (19 September 2013)

The Employment Judge failed to make sufficient findings about the obligations under the zero hours contract and did not adequately determine the nature of the employment relationship at the relevant time. The appeal was allowed and the matter remitted for further findings on whether a contract of employment existed at the date of termination.

Citation
[2013] UKEAT 0051_13_1909
Parties
Appellant: G4S Secure Solutions (UK) Ltd; Respondent: Alphonso
Jurisdiction
United Kingdom
Judgment Date
19 September 2013
Procedural Posture
Employment Appeal / Full Hearing and Appeal From Registrar’s Order
Outcome
Appeal allowed and matter remitted for further hearing
Legal Topics
Zero Hours Contracts, Employment Status, Unfair Dismissal, Effective Date of Termination, Relief From Sanctions
Employment Law Zero Hours Contracts Employment Status Unfair Dismissal Effective Date of Termination Relief From Sanctions

Case Brief

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Parties

G4S Secure Solutions (UK) Ltd

Appellant

Alphonso

Respondent

Procedural Posture

Employment Appeal / Full Hearing and Appeal From Registrar’s Order

Legal Issues

  1. 1 Whether the claimant was an employee, worker, or neither under a zero hours contract
  2. 2 Whether the claim was presented within the statutory time limit based on the effective date of termination
  3. 3 Whether the Registrar’s order debarring the claimant should be set aside

Ratio Decidendi

The Employment Judge failed to make sufficient findings about the obligations under the zero hours contract and did not adequately determine the nature of the employment relationship at the relevant time. The appeal was allowed and the matter remitted for further findings on whether a contract of employment existed at the date of termination.

Court Disposition

Appeal allowed and matter remitted for further hearing

Orders

  • Registrar’s order debarring the claimant set aside
  • Case remitted to Employment Judge Palca for determination of employment status and effective date of termination