Hayward v. Post Office Counters Ltd [2001] UKEAT 0442_01_0211 (2 November 2001)

There is an arguable point of law regarding Mr Hayward's employment status that requires authoritative resolution by the Employment Appeal Tribunal; both the worker and home worker arguments should proceed to a full hearing.

Source-derived case information.

Citation: [2001] UKEAT 0442_01_0211
Parties: Appellant: Mr Hayward; Respondent: Post Office Counters Ltd
Jurisdiction: United Kingdom
Judgment Date: 02 November 2001
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: Appeal allowed to proceed to full hearing
Legal Topics: Employment Status, Minimum Wage, Working Time Regulations, Self Employment, Worker Definition

Employment Law Employment Status Minimum Wage Working Time Regulations Self Employment Worker Definition

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2

Parties

Mr Hayward

Appellant

Post Office Counters Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether Mr Hayward is self-employed or a worker under the National Minimum Wage Act 1998 and Working Time Regulations 1998
2 Whether Mr Hayward qualifies as a home worker under the 1998 Act

Ratio Decidendi

Court Disposition

Appeal allowed to proceed to full hearing

Orders

Matter to proceed to a full hearing on both points raised in the Notice of Appeal
Close monitoring of related Manchester Tribunal case; possible consolidation of appeals if appropriate

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