Watson v Johnson & Anor (Employee, Worker or Self-Employed - s.230 Employment Rights Act 1996) [2024] EAT 105 (28 June 2024)

Watson v Johnson & Anor (Employee, Worker or Self-Employed - s.230 Employment Rights Act 1996) [2024] EAT 105 (28 June 2024)

The Employment Tribunal was entitled to find, on a multifactorial assessment, that the claimant and respondent had entered into a genuine partnership agreement, and that the claimant was not an employee for the purposes of section 230 Employment Rights Act 1996. The Tribunal correctly weighed the parties' intentions, conduct, tax treatment, and risk exposure, and permissibly found a partnership existed despite the absence of a fully executed written agreement. The finding of worker status was not inconsistent with the rejection of employee status. The appeal was dismissed.

Citation
[2024] EAT 105
Parties
Appellant: Mr Christopher Watson; Respondent: Wallwork Nelson Johnson; Respondent: Mr Ian Johnson
Jurisdiction
United Kingdom
Judgment Date
28 June 2024
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Employment Status, Employee Vs Worker Vs Partner, Partnership Act 1890, Section 230 Employment Rights Act 1996, Unfair Dismissal, Worker Status, Unauthorised Deduction of Wages
Employment Law Partnership Law Employment Status Employee Vs Worker Vs Partner Partnership Act 1890 Section 230 Employment Rights Act 1996 Unfair Dismissal Worker Status +1 more

Case Brief

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Parties

Mr Christopher Watson

Appellant

Wallwork Nelson Johnson

Respondent

Mr Ian Johnson

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant was an employee or a partner under the Partnership Act 1890
  2. 2 Whether the claimant was a worker under section 230(3)(b) Employment Rights Act 1996
  3. 3 Whether the Employment Tribunal erred in law in its findings on partnership and employment status

Ratio Decidendi

The Employment Tribunal was entitled to find, on a multifactorial assessment, that the claimant and respondent had entered into a genuine partnership agreement, and that the claimant was not an employee for the purposes of section 230 Employment Rights Act 1996. The Tribunal correctly weighed the parties' intentions, conduct, tax treatment, and risk exposure, and permissibly found a partnership existed despite the absence of a fully executed written agreement. The finding of worker status was not inconsistent with the rejection of employee status. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The claimant's appeal is dismissed.
  • The Employment Tribunal's decision that the claimant was not an employee is upheld.