Ratcliffe-Smith v T E Holdings Ltd & Anor [1996] UKEAT 72_96_1411 (14 November 1996)

Ratcliffe-Smith v T E Holdings Ltd & Anor [1996] UKEAT 72_96_1411 (14 November 1996)

The Industrial Tribunal was entitled to find, based on the existence of a consultancy agreement and other circumstances, that Mr Ratcliffe-Smith was not continuously employed for the relevant period; no error of law or perversity was shown.

Citation
[1996] UKEAT 72_96_1411
Parties
Appellant: John Ratcliffe-Smith; Respondents: Amalgamated Chemicals Ltd & Active Chemicals Ltd
Jurisdiction
United Kingdom
Judgment Date
14 November 1996
Procedural Posture
Employment Appeal Tribunal / Appeal From Industrial Tribunal Preliminary Jurisdictional Decision
Outcome
Appeal dismissed
Legal Topics
Employment Status, Jurisdiction of Industrial Tribunal, Adjournment Applications, Consultancy Agreements

Case Brief

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Parties

John Ratcliffe-Smith

Appellant

Amalgamated Chemicals Ltd & Active Chemicals Ltd

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal From Industrial Tribunal Preliminary Jurisdictional Decision

  1. 1 Whether Mr Ratcliffe-Smith was continuously employed by the Respondents for more than two years
  2. 2 Whether the Industrial Tribunal had jurisdiction based on employment status
  3. 3 Whether the Tribunal erred in law in its findings of fact regarding employment status

Ratio Decidendi

The Industrial Tribunal was entitled to find, based on the existence of a consultancy agreement and other circumstances, that Mr Ratcliffe-Smith was not continuously employed for the relevant period; no error of law or perversity was shown.

Court Disposition

Appeal dismissed

Orders

  • Application for adjournment refused
  • Appeal dismissed