White & Anor v Troutbeck SA (Contract of Employment : Whether established) [2013] UKEAT 0177_12_2301 (23 January 2013)

White & Anor v Troutbeck SA (Contract of Employment : Whether established) [2013] UKEAT 0177_12_2301 (23 January 2013)

The Employment Tribunal erred in law by focusing on the absence of day-to-day control rather than whether the respondent retained a sufficient contractual right of control. The written agreement and the circumstances indicated that Troutbeck retained such a right, making the claimants employees under the Employment Rights Act 1996.

Citation
[2013] UKEAT 0177_12_2301
Parties
Appellant: Mr Gary White; Appellant: Ms Katy Todd; Respondent: Troutbeck SA
Jurisdiction
United Kingdom
Judgment Date
23 January 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed
Legal Topics
Contract of Employment, Worker Status, Control Test, Mutuality of Obligation
Employment Law Contract of Employment Worker Status Control Test Mutuality of Obligation

Case Brief

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Parties

Mr Gary White

Appellant

Ms Katy Todd

Appellant

Troutbeck SA

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the claimants were employees or workers under the Employment Rights Act 1996
  2. 2 Whether the respondent retained a sufficient right of control to establish a contract of employment

Ratio Decidendi

The Employment Tribunal erred in law by focusing on the absence of day-to-day control rather than whether the respondent retained a sufficient contractual right of control. The written agreement and the circumstances indicated that Troutbeck retained such a right, making the claimants employees under the Employment Rights Act 1996.

Court Disposition

Appeal allowed

Orders

  • A finding is substituted that Mr White and Ms Todd were employees of Troutbeck.