Badara c Pulse Healthcare Ltd (Jurisdictional Points : Worker, employee or neither) [2017] UKEAT 0303_16_2704 (27 April 2017)

Badara c Pulse Healthcare Ltd (Jurisdictional Points : Worker, employee or neither) [2017] UKEAT 0303_16_2704 (27 April 2017)

The Employment Tribunal misdirected itself in law by failing to properly apply the principles from Autoclenz v Belcher regarding the true nature of the employment relationship, did not adequately consider the factual matrix, made findings not supported by evidence, and failed to provide sufficient reasons. The Tribunal also erred in law regarding the Appellant's right to work and in striking out discrimination claims. The appeal was allowed and the issues remitted for reconsideration.

Citation
[2017] UKEAT 0303_16_2704
Parties
Appellant: Mr Badara; Respondent: Pulse (Respondent)
Jurisdiction
United Kingdom
Judgment Date
27 April 2017
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; case remitted for rehearing
Legal Topics
Employment Status, Continuity of Employment, Unlawful Deduction From Wages, Holiday Pay, Race Discrimination, Victimisation
Employment Law Employment Status Continuity of Employment Unlawful Deduction From Wages Holiday Pay Race Discrimination Victimisation

Case Brief

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Parties

Mr Badara

Appellant

Pulse (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Appellant was an employee, worker, or self-employed contractor
  2. 2 Whether the contractual arrangements were a sham
  3. 3 Whether the Appellant had continuity of employment

Ratio Decidendi

The Employment Tribunal misdirected itself in law by failing to properly apply the principles from Autoclenz v Belcher regarding the true nature of the employment relationship, did not adequately consider the factual matrix, made findings not supported by evidence, and failed to provide sufficient reasons. The Tribunal also erred in law regarding the Appellant's right to work and in striking out discrimination claims. The appeal was allowed and the issues remitted for reconsideration.

Court Disposition

Appeal allowed; case remitted for rehearing

Orders

  • The issue of employment status is remitted to a differently constituted Employment Tribunal for reconsideration.
  • The issue of continuity of employment and right to work is remitted to the same Employment Tribunal.