Nayak v. Lucent Advisors (UK) Ltd & Anor (Jurisdictional Points - Worker, employee or neither) [2017] UKEAT 0154_17_0412 (4 December 2017)

Nayak v. Lucent Advisors (UK) Ltd & Anor (Jurisdictional Points - Worker, employee or neither) [2017] UKEAT 0154_17_0412 (4 December 2017)

The Employment Tribunal erred in its approach to determining employment status by failing to focus on the contractual right of control, giving undue weight to the absence of control over 'how' duties were performed, and treating the self-employed label as determinative. The preliminary issue of employment status must be reconsidered.

Citation
[2017] UKEAT 0154_17_0412
Parties
Appellant: Mr Nayak; First Respondent: Lucent Advisors (UK) Limited; Second Respondent: Lucent Lincolnshire Lakes SARL
Jurisdiction
United Kingdom
Judgment Date
04 December 2017
Procedural Posture
Employment Appeal / Appeal From Preliminary Hearing
Outcome
Preliminary issue set aside and remitted for rehearing.
Legal Topics
Employment Status, Unfair Dismissal, Continuity of Employment
Employment Law Employment Status Unfair Dismissal Continuity of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Nayak

Appellant

Lucent Advisors (UK) Limited

First Respondent

Lucent Lincolnshire Lakes SARL

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Hearing

Legal Issues

  1. 1 Whether Mr Nayak was an employee, worker, or self-employed contractor
  2. 2 Whether Mr Nayak had two years' continuous employment

Ratio Decidendi

The Employment Tribunal erred in its approach to determining employment status by failing to focus on the contractual right of control, giving undue weight to the absence of control over 'how' duties were performed, and treating the self-employed label as determinative. The preliminary issue of employment status must be reconsidered.

Court Disposition

Preliminary issue set aside and remitted for rehearing.

Orders

  • Remission to Employment Judge Johnson to reconsider employment status in light of this Judgment.