Motorola Ltd v Davidson & Anor [2000] UKEAT 46_00_1805 (18 May 2000)

Motorola Ltd v Davidson & Anor [2000] UKEAT 46_00_1805 (18 May 2000)

The Tribunal did not err in law in concluding that Motorola exercised a sufficient degree of control over Mr Davidson to be regarded as his employer, as Motorola determined the work, supervised, disciplined, and terminated Mr Davidson's assignment, and practical control is sufficient even if the legal right is indirect or mediated through an agency.

Citation
[2000] UKEAT 46_00_1805
Parties
Appellant: Motorola Ltd; 1st Respondent: Gary Davidson; 2nd Respondent: Melville Craig Group Ltd
Jurisdiction
United Kingdom
Judgment Date
18 May 2000
Procedural Posture
Employment Appeal Tribunal / Appeal From Preliminary Issue Decision of Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Employment Status, Control Test, Unfair Dismissal, Agency Workers
Employment Law Employment Status Control Test Unfair Dismissal Agency Workers

Case Brief

Summary, issues, holding and outcome

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Parties

Motorola Ltd

Appellant

Gary Davidson

1st Respondent

Melville Craig Group Ltd

2nd Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Preliminary Issue Decision of Employment Tribunal

Legal Issues

  1. 1 Whether Motorola exercised sufficient control over Mr Davidson to be considered his employer for the purposes of unfair dismissal

Ratio Decidendi

The Tribunal did not err in law in concluding that Motorola exercised a sufficient degree of control over Mr Davidson to be regarded as his employer, as Motorola determined the work, supervised, disciplined, and terminated Mr Davidson's assignment, and practical control is sufficient even if the legal right is indirect or mediated through an agency.

Court Disposition

Appeal dismissed

Orders

  • Mr Davidson's unfair dismissal claim to proceed against Motorola