Launahurst Ltd v. Larner [2009] UKEAT 0188_09_1808 (18 August 2009)

Launahurst Ltd v. Larner [2009] UKEAT 0188_09_1808 (18 August 2009)

The Employment Judge was entitled to find that the 'entire agreement' clause was a sham and that, considering all the circumstances, the Claimant was an employee. The reality of the working relationship, including regular work, lack of choice in assignments, and integration into the Respondent's business, outweighed factors pointing to self-employment. The appeal was dismissed as there was no error of law in the Employment Judge's conclusion.

Citation
[2009] UKEAT 0188_09_1808
Parties
Claimant: Mr Larner; Respondent: Launahurst Ltd
Jurisdiction
United Kingdom
Judgment Date
18 August 2009
Procedural Posture
Employment Appeal / Appeal From Pre Hearing Review Decision
Outcome
Appeal dismissed
Legal Topics
Employment Status, Unfair Dismissal, Sham Contract, Mutuality of Obligation
Employment Law Employment Status Unfair Dismissal Sham Contract Mutuality of Obligation

Case Brief

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Parties

Mr Larner

Claimant

Launahurst Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the Claimant was an employee or self-employed for the purposes of the Employment Rights Act 1996
  2. 2 Whether the 'entire agreement' clause in the contract was a sham

Ratio Decidendi

The Employment Judge was entitled to find that the 'entire agreement' clause was a sham and that, considering all the circumstances, the Claimant was an employee. The reality of the working relationship, including regular work, lack of choice in assignments, and integration into the Respondent's business, outweighed factors pointing to self-employment. The appeal was dismissed as there was no error of law in the Employment Judge's conclusion.

Court Disposition

Appeal dismissed

Orders

  • The Employment Judge's decision that the Claimant was an employee is upheld.