Catt English Table Tennis Association Ltd & Ors (Employee, Worker or Self-Employed - Section 230(3)(b) Employment Rights Act 1996) [2022] EAT 125 (26 August 2022)

Catt English Table Tennis Association Ltd & Ors (Employee, Worker or Self-Employed - Section 230(3)(b) Employment Rights Act 1996) [2022] EAT 125 (26 August 2022)

The Employment Tribunal erred by failing to make a clear finding on whether there was a contract between the claimant and the respondent for the performance of work or services, and by focusing on subordination and vulnerability rather than the statutory test. The matter must be remitted for rehearing before a differently constituted tribunal.

Citation
[2022] EAT 125
Parties
Appellant: Mr Anthony Catt; Respondents: English Table Tennis Association Limited and Others
Jurisdiction
United Kingdom
Judgment Date
26 August 2022
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a different tribunal.
Legal Topics
Worker Status, Employment Rights Act 1996 Section 230(3)(b), Whistleblowing, Office Holder Contracts, Non Executive Directors, European Convention on Human Rights
Employment Law Worker Status Employment Rights Act 1996 Section 230(3)(b) Whistleblowing Office Holder Contracts Non Executive Directors European Convention on Human Rights

Case Brief

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Parties

Mr Anthony Catt

Appellant

English Table Tennis Association Limited and Others

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether a non-executive director is a 'worker' under section 230(3)(b) Employment Rights Act 1996
  2. 2 Whether there was a contract between the claimant and the respondent for the performance of work or services
  3. 3 Whether the Employment Tribunal erred in focusing on subordination and vulnerability rather than the statutory test

Ratio Decidendi

The Employment Tribunal erred by failing to make a clear finding on whether there was a contract between the claimant and the respondent for the performance of work or services, and by focusing on subordination and vulnerability rather than the statutory test. The matter must be remitted for rehearing before a differently constituted tribunal.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a different tribunal.

Orders

  • The matter is remitted to a differently constituted Employment Tribunal for rehearing afresh.