RJ Prentice Brickwork Ltd v O'Brien [2003] UKEAT 1086_02_0707 (7 July 2003)

RJ Prentice Brickwork Ltd v O'Brien [2003] UKEAT 1086_02_0707 (7 July 2003)

The express terms of the written contract, including the right to substitute and absence of mutuality of obligations, preclude worker status under Regulation 2(b) WTR; implied collateral contracts cannot override express terms without evidential basis.

Citation
[2003] UKEAT 1086_02_0707
Parties
Applicant: Mr O'Brien; Respondent: Respondent (Labour Only Sub-Contractor)
Jurisdiction
United Kingdom
Judgment Date
07 July 2003
Procedural Posture
Employment Tribunal Appeal / Appeal
Outcome
Appeal allowed; Employment Tribunal decision set aside.
Legal Topics
Worker Status, Holiday Pay, Working Time Regulations
Employment Law Worker Status Holiday Pay Working Time Regulations

Case Brief

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Parties

Mr O'Brien

Applicant

Respondent (Labour Only Sub-Contractor)

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal

Legal Issues

  1. 1 Whether the Applicant qualifies as a 'worker' under Regulation 2(b) of the Working Time Regulations 1998
  2. 2 Entitlement to unpaid holiday pay

Ratio Decidendi

The express terms of the written contract, including the right to substitute and absence of mutuality of obligations, preclude worker status under Regulation 2(b) WTR; implied collateral contracts cannot override express terms without evidential basis.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside.

Orders

  • Applicant is not a worker for the purposes of the Working Time Regulations 1998.
  • Applicant is not entitled to holiday pay.