Brill v John Crilley Ltd [1997] UKEAT 973_97_3001 (30 January 1997)

Brill v John Crilley Ltd [1997] UKEAT 973_97_3001 (30 January 1997)

The Industrial Tribunal applied the correct legal test, considered all relevant factors, and was entitled to find that Mr Brill was not continuously employed for two years; therefore, he did not qualify to bring a claim for unfair dismissal.

Source-derived case information.

Citation
[1997] UKEAT 973_97_3001
Parties
Appellant: Mr Brill; Respondent: John Crilley Ltd; Associated Employer: Capita Resource Management Ltd
Jurisdiction
United Kingdom
Judgment Date
30 January 1997
Procedural Posture
Appeal / Preliminary Hearing for Leave to Proceed
Outcome
Application for leave to proceed to full hearing refused
Legal Topics
Continuous Employment, Employee Status, Unfair Dismissal
Employment Law Continuous Employment Employee Status Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Brill

Appellant

John Crilley Ltd

Respondent

Capita Resource Management Ltd

Associated Employer

Procedural Posture

Appeal / Preliminary Hearing for Leave to Proceed

Legal Issues

  1. 1 Whether Mr Brill was continuously employed for two years
  2. 2 Whether Mr Brill's engagement constituted employment or a contract for services
  3. 3 Eligibility to claim unfair dismissal under Employment Rights Act 1996

Ratio Decidendi

The Industrial Tribunal applied the correct legal test, considered all relevant factors, and was entitled to find that Mr Brill was not continuously employed for two years; therefore, he did not qualify to bring a claim for unfair dismissal.

Court Disposition

Application for leave to proceed to full hearing refused

Orders

  • Decision of Industrial Tribunal upheld
  • Application dismissed