Hudson v Addison Engineering Support Services Ltd [1998] UKEAT 689_97_2402 (24 February 1998)

Hudson v Addison Engineering Support Services Ltd [1998] UKEAT 689_97_2402 (24 February 1998)

The Industrial Tribunal erred in law by failing to make a finding as to the respondents' response to Mr Hudson's insistence on being treated as an employee, which was a critical factor in determining employment status.

Citation
[1998] UKEAT 689_97_2402
Parties
Appellant: Mr Hudson; Respondent: Addison Engineering Support Services
Jurisdiction
United Kingdom
Judgment Date
24 February 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Employment Status, Unfair Dismissal, Contract of Employment, Error of Law

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Hudson

Appellant

Addison Engineering Support Services

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

  1. 1 Whether Mr Hudson was an employee of the respondent company
  2. 2 Whether the Industrial Tribunal erred in law by failing to make a finding on the respondents' response to Mr Hudson's insistence on employee status

Ratio Decidendi

The Industrial Tribunal erred in law by failing to make a finding as to the respondents' response to Mr Hudson's insistence on being treated as an employee, which was a critical factor in determining employment status.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to a freshly constituted tribunal to make findings on the respondents' response to Mr Hudson's insistence on employee status