Cormie v Rodger (t/a Dalneigh Post Office & Stores) (Unfair Dismissal : Exclusions including worker or jurisdiction) [2012] UKEAT 0036_11_2601 (26 January 2012)

Cormie v Rodger (t/a Dalneigh Post Office & Stores) (Unfair Dismissal : Exclusions including worker or jurisdiction) [2012] UKEAT 0036_11_2601 (26 January 2012)

The Claimant remained an employee of the Respondent after 5 November 2009 because the arrangement continued to exhibit mutuality of obligation and control, with the Claimant providing work and skill for the Respondent's benefit, receiving remuneration and other benefits, and the Respondent retaining control over the premises and the Claimant's ability to work. The Employment Tribunal erred by failing to consider the totality of the circumstances.

Citation
[2012] UKEAT 0036_11_2601
Parties
Claimant: Ms Cormie; Respondent: Mr Robert Rodger
Jurisdiction
United Kingdom
Judgment Date
26 January 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Employment Status, Contract of Employment, Mutuality of Obligation, Control
Employment Law Unfair Dismissal Employment Status Contract of Employment Mutuality of Obligation Control

Case Brief

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Parties

Ms Cormie

Claimant

Mr Robert Rodger

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Claimant remained an employee of the Respondent after taking on sub-postmaster duties and entering into a contract with Post Office Limited
  2. 2 Whether the Employment Tribunal erred in its assessment of mutuality of obligation and control

Ratio Decidendi

The Claimant remained an employee of the Respondent after 5 November 2009 because the arrangement continued to exhibit mutuality of obligation and control, with the Claimant providing work and skill for the Respondent's benefit, receiving remuneration and other benefits, and the Respondent retaining control over the premises and the Claimant's ability to work. The Employment Tribunal erred by failing to consider the totality of the circumstances.

Court Disposition

Appeal allowed

Orders

  • The appeal is upheld.
  • The Employment Tribunal's judgment is set aside and substituted with a finding that the Claimant remained in the employment of the Respondent after 5 November 2009 in a contract of employment terminated on 13 January 2010.