MPG Contracts Ltd v. A England (Junior) & Anor [2009] UKEAT 0488_08_0805 (8 May 2009)

MPG Contracts Ltd v. A England (Junior) & Anor [2009] UKEAT 0488_08_0805 (8 May 2009)

The contracts provided an unfettered right of substitution, and there was no evidence that the written terms did not reflect the true intentions of the parties. Therefore, the claimants were not engaged under contracts for personal services and were not 'workers' under the Working Time Regulations.

Citation
[2009] UKEAT 0488_08_0805
Parties
Respondent: MPG Contracts Ltd; Appellant: Mr Alan England (Junior); Appellant: Mr Alan England (Senior)
Jurisdiction
United Kingdom
Judgment Date
08 May 2009
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed, claims dismissed
Legal Topics
Worker Status, Holiday Pay, Personal Service, Right of Substitution
Employment Law Worker Status Holiday Pay Personal Service Right of Substitution

Case Brief

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Parties

MPG Contracts Ltd

Respondent

Mr Alan England (Junior)

Appellant

Mr Alan England (Senior)

Appellant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimants were 'workers' under regulation 2(1) of the Working Time Regulations
  2. 2 Whether the contracts were for personal services
  3. 3 Effect of right to substitute on worker status

Ratio Decidendi

The contracts provided an unfettered right of substitution, and there was no evidence that the written terms did not reflect the true intentions of the parties. Therefore, the claimants were not engaged under contracts for personal services and were not 'workers' under the Working Time Regulations.

Court Disposition

appeal allowed, claims dismissed

Orders

  • Appeal allowed
  • Claims for holiday pay dismissed