Lumb v. Lattimer Engineering Ltd [2000] UKEAT 82_00_3003 (30 March 2000)

The tribunal was entitled to conclude, after balancing all relevant factors, that the appellant was not an employee and therefore not entitled to the claimed protections.

Citation: [2000] UKEAT 82_00_3003
Parties: Appellant: Keith Stanley Lumb; Respondent: Lattimer Engineering Ltd
Jurisdiction: United Kingdom
Judgment Date: 30 March 2000
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: appeal dismissed
Legal Topics: Unlawful Wage Deductions, Particulars of Employment, Contract of Employment, Transfer of Undertakings

Employment Law Unlawful Wage Deductions Particulars of Employment Contract of Employment Transfer of Undertakings

Case Brief

Summary, issues, holding and outcome

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Parties

Keith Stanley Lumb

Appellant

Lattimer Engineering Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether the consultancy agreement constituted a contract of employment
2 Whether the appellant was entitled to particulars of employment under the Employment Rights Act 1996
3 Whether the burden of the contract passed to the respondent under the Transfer of Undertakings (Protection of Employment) Regulations 1981

Ratio Decidendi

The tribunal was entitled to conclude, after balancing all relevant factors, that the appellant was not an employee and therefore not entitled to the claimed protections.

Court Disposition

appeal dismissed

Orders

Appeal dismissed as disclosing no reasonably arguable point of law.