Valuecable Ltd (t/a Retail Outlet Design) v Berry [2005] UKEAT 0704_04_1201 (12 January 2005)

Valuecable Ltd (t/a Retail Outlet Design) v Berry [2005] UKEAT 0704_04_1201 (12 January 2005)

The Employment Tribunal failed to address whether the applicant was obliged to perform work personally, which is central to determining worker status under section 230(3)(b) of the Employment Rights Act 1996. The decision is quashed and remitted to the same tribunal for reconsideration.

Source-derived case information.

Citation
[2005] UKEAT 0704_04_1201
Parties
Applicant: Mr Berry; Respondent: Value Cable Ltd trading as Retail Outlet Design
Jurisdiction
United Kingdom
Judgment Date
12 January 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision on Liability and Remedy
Outcome
Appeal allowed; decision quashed and remitted to same tribunal for reconsideration.
Legal Topics
Worker Status, Holiday Pay, Remission of Tribunal Decision, Remuneration Calculation
Employment Law Worker Status Holiday Pay Remission of Tribunal Decision Remuneration Calculation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Berry

Applicant

Value Cable Ltd trading as Retail Outlet Design

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision on Liability and Remedy

Legal Issues

  1. 1 Whether the applicant was a 'worker' within section 230(3)(b) of the Employment Rights Act 1996
  2. 2 Whether there was a personal obligation to perform work
  3. 3 Whether mileage allowance should be included in remuneration

Ratio Decidendi

The Employment Tribunal failed to address whether the applicant was obliged to perform work personally, which is central to determining worker status under section 230(3)(b) of the Employment Rights Act 1996. The decision is quashed and remitted to the same tribunal for reconsideration.

Court Disposition

Appeal allowed; decision quashed and remitted to same tribunal for reconsideration.

Orders

  • Remit liability issue to same Employment Tribunal for determination of personal obligation to work.
  • Reduce remedy sum from £4,442.97 to £4,285.27 to exclude mileage allowance as expenses.