O'Mara v. Postworth T/s NCS) [2000] EAT 1230_99_0902 (9 February 2000)

The appeal raises points of law that are reasonably arguable, particularly concerning mutuality and control in employment status, and should proceed to a full hearing.

Citation: [2000] EAT 1230_99_0902
Parties: Appellant: Mr O'Mara; Respondent: Postworth Limited
Jurisdiction: United Kingdom
Judgment Date: 09 February 2000
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: Appeal permitted to proceed to full hearing
Legal Topics: Employment Status, Mutuality of Obligation, Control, Appeal Procedure

Employment Law Employment Status Mutuality of Obligation Control Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr O'Mara

Appellant

Postworth Limited

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether the relationship between Postworth and Tarmac affects the need for mutuality and control in determining employment status
2 Whether the grounds of appeal are reasonably arguable

Ratio Decidendi

The appeal raises points of law that are reasonably arguable, particularly concerning mutuality and control in employment status, and should proceed to a full hearing.

Court Disposition

Appeal permitted to proceed to full hearing

Orders

All grounds of appeal allowed to proceed to full hearing
If no agreed procedure for related appeals is reached, both appeals to be listed for Directions Hearing before the same Judge