Cavil v. Barratt Homes Ltd [2003] UKEAT 0208_03_0107 (1 July 2003)
Upon proper construction of the contract, the applicant was required to perform work personally, with only a qualified right of substitution requiring prior written consent. There was sufficient mutuality of obligation. Therefore, the applicant was a 'worker' under Regulation 2 WTR 1998 and entitled to holiday pay.
- Citation
- [2003] UKEAT 0208_03_0107
- Parties
- Applicant: John Cavil; Respondent: Barratt Homes Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 July 2003
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal Decision
- Outcome
- Appeal allowed
- Legal Topics
- Worker Status, Holiday Pay, Working Time Regulations, Personal Service, Mutuality of Obligation, Contract Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
John Cavil
Applicant
Barratt Homes Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Legal Issues
- 1 Whether the applicant was a 'worker' under Regulation 2 of the Working Time Regulations 1998
- 2 Whether the contract required personal service
- 3 Whether there was mutuality of obligation
Ratio Decidendi
Upon proper construction of the contract, the applicant was required to perform work personally, with only a qualified right of substitution requiring prior written consent. There was sufficient mutuality of obligation. Therefore, the applicant was a 'worker' under Regulation 2 WTR 1998 and entitled to holiday pay.
Court Disposition
Appeal allowed
Orders
- Decision of the Employment Tribunal set aside
- Declaration that the applicant is a 'worker' entitled to holiday pay under Regulation 14(2) WTR
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