Phillips v Scott & Anor [1995] UKEAT 810_95_0610 (6 October 1995)

Phillips v Scott & Anor [1995] UKEAT 810_95_0610 (6 October 1995)

The Tribunal was entitled to find, based on oral and written evidence, that Mr Phillips was the employer at the date of dismissal, as he paid wages, took profits, and exercised control over the business after the Tucks left.

Citation
[1995] UKEAT 810_95_0610
Parties
Appellant: Mr A E Phillips; Respondent: Miss Scott; Respondent: Miss Sibley
Jurisdiction
United Kingdom
Judgment Date
06 October 1995
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Redundancy Payment, Wages in Lieu of Notice, Employer Identification, Transfer of Undertaking
Employment Law Redundancy Payment Wages in Lieu of Notice Employer Identification Transfer of Undertaking

Case Brief

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Parties

Mr A E Phillips

Appellant

Miss Scott

Respondent

Miss Sibley

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether Mr Phillips was the employer at the date of dismissal
  2. 2 Entitlement to redundancy payment and wages in lieu of notice

Ratio Decidendi

The Tribunal was entitled to find, based on oral and written evidence, that Mr Phillips was the employer at the date of dismissal, as he paid wages, took profits, and exercised control over the business after the Tucks left.

Court Disposition

Appeal dismissed

Orders

  • Tribunal's decision upheld in favour of Miss Scott and Miss Sibley