Blakely v On-Site Recruitment Solutions Ltd & Anor [2017] UKEAT 0134_17_0512 (5 December 2017)

Blakely v On-Site Recruitment Solutions Ltd & Anor [2017] UKEAT 0134_17_0512 (5 December 2017)

The Tribunal erred in law by concluding there was no intention to create legal relations between the Claimant and On-Site London Ltd, failing to apply an objective analysis of the facts and relevant legal principles. There was clearly a contract of some description, and the Tribunal's flawed approach invalidated its findings on worker status and related claims.

Citation
[2017] UKEAT 0134_17_0512
Parties
Appellant: Mr Blakely; First Respondent: On-Site London Ltd; Second Respondent: Heritage Solutions City Ltd
Jurisdiction
United Kingdom
Judgment Date
05 December 2017
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; original Tribunal judgment set aside; case remitted for fresh hearing
Legal Topics
Worker Status, Contract Formation, Employment Rights Act 1996, Working Time Regulations, Unlawful Deductions, Holiday Pay
Employment Law Worker Status Contract Formation Employment Rights Act 1996 Working Time Regulations Unlawful Deductions Holiday Pay

Case Brief

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Parties

Mr Blakely

Appellant

On-Site London Ltd

First Respondent

Heritage Solutions City Ltd

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether there was a contract between the Claimant and On-Site London Ltd
  2. 2 Whether the Claimant was a worker or employee under section 230 of the Employment Rights Act 1996
  3. 3 Whether the Claimant undertook to perform work or services personally

Ratio Decidendi

The Tribunal erred in law by concluding there was no intention to create legal relations between the Claimant and On-Site London Ltd, failing to apply an objective analysis of the facts and relevant legal principles. There was clearly a contract of some description, and the Tribunal's flawed approach invalidated its findings on worker status and related claims.

Court Disposition

Appeal allowed; original Tribunal judgment set aside; case remitted for fresh hearing

Orders

  • Remitted to a freshly constituted Tribunal for reconsideration of worker status and related claims