Bachnak v. Emerging Markets Partnership (Europe) Ltd [2003] UKEAT 1021_01_2503 (25 March 2003)

Bachnak v. Emerging Markets Partnership (Europe) Ltd [2003] UKEAT 1021_01_2503 (25 March 2003)

The Tribunal failed to properly consider whether the two contracts should be regarded as valid and co-existing, misconstrued the nature and terms of the contract of employment, and did not provide sufficient reasoning regarding consideration, mutuality of obligation, and intention to create legal relations; therefore, its decision cannot stand.

Citation
[2003] UKEAT 1021_01_2503
Parties
Appellant: Mr Bachnak; Respondents: Emerging Markets Partnership (Europe) Limited
Jurisdiction
United Kingdom
Judgment Date
25 March 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision on Preliminary Issue
Outcome
Appeal allowed; Tribunal decision set aside; preliminary issue remitted for redetermination by a fresh Tribunal.
Legal Topics
Employment Status, Contract of Employment, Consideration, Mutuality of Obligation, Intention to Create Legal Relations
Employment Law Employment Status Contract of Employment Consideration Mutuality of Obligation Intention to Create Legal Relations

Case Brief

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Parties

Mr Bachnak

Appellant

Emerging Markets Partnership (Europe) Limited

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision on Preliminary Issue

Legal Issues

  1. 1 Whether the appellant was an employee of the respondents at the material time
  2. 2 Whether the contract of employment of 23 October 2000 was genuine or a sham
  3. 3 Whether there was consideration, mutuality of obligation, and intention to create legal relations

Ratio Decidendi

The Tribunal failed to properly consider whether the two contracts should be regarded as valid and co-existing, misconstrued the nature and terms of the contract of employment, and did not provide sufficient reasoning regarding consideration, mutuality of obligation, and intention to create legal relations; therefore, its decision cannot stand.

Court Disposition

Appeal allowed; Tribunal decision set aside; preliminary issue remitted for redetermination by a fresh Tribunal.

Orders

  • Remit preliminary issue to a fresh Tribunal for redetermination.