Lambden v Henley Rugby Football Club & Anor [2009] UKEAT 0505_08_2905 (29 May 2009)

Lambden v Henley Rugby Football Club & Anor [2009] UKEAT 0505_08_2905 (29 May 2009)

The claimant freely elected to be paid as an independent contractor through a limited company, invoiced for services, and conducted himself in a manner incompatible with employment status. The Employment Tribunal correctly applied the legal tests and its decision that the claimant was not an employee was not perverse or erroneous in law.

Citation
[2009] UKEAT 0505_08_2905
Parties
Appellant: Mr Lambden; First Respondent: Henley Rugby Football Club; Second Respondent: Henley Hawks Limited
Jurisdiction
United Kingdom
Judgment Date
29 May 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Employment Status, Contract of Employment, Unfair Dismissal, Independent Contractor Vs Employee
Employment Law Employment Status Contract of Employment Unfair Dismissal Independent Contractor Vs Employee

Case Brief

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Parties

Mr Lambden

Appellant

Henley Rugby Football Club

First Respondent

Henley Hawks Limited

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claimant was an employee or an independent contractor
  2. 2 Whether the contractual relationship was with the First or Second Respondent
  3. 3 Whether the Employment Tribunal erred in law or reached a perverse decision

Ratio Decidendi

The claimant freely elected to be paid as an independent contractor through a limited company, invoiced for services, and conducted himself in a manner incompatible with employment status. The Employment Tribunal correctly applied the legal tests and its decision that the claimant was not an employee was not perverse or erroneous in law.

Court Disposition

Appeal dismissed

Orders

  • Claimant's appeal is dismissed
  • Employment Tribunal's decision stands