Simmons v Celtic Technologies Ltd [1998] UKEAT 1370_97_2207 (22 July 1998)

Simmons v Celtic Technologies Ltd [1998] UKEAT 1370_97_2207 (22 July 1998)

The Industrial Tribunal was entitled to dismiss the claim at the close of the Appellant's evidence because the Appellant failed to establish employment status, and hearing from the Respondent would not have altered the outcome. No error of law was found in the Tribunal's approach.

Citation
[1998] UKEAT 1370_97_2207
Parties
Appellant: Mr Simmons; Respondent: Celtic Technologies Ltd
Jurisdiction
United Kingdom
Judgment Date
22 July 1998
Procedural Posture
Employment Appeal / Full Appeal Hearing After Preliminary Dismissal at Industrial Tribunal
Outcome
Appeal dismissed
Legal Topics
Employment Status, Unfair Dismissal, Contract of Service Vs Contract for Services, Burden of Proof in Employment Claims
Employment Law Employment Status Unfair Dismissal Contract of Service Vs Contract for Services Burden of Proof in Employment Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Simmons

Appellant

Celtic Technologies Ltd

Respondent

Procedural Posture

Employment Appeal / Full Appeal Hearing After Preliminary Dismissal at Industrial Tribunal

Legal Issues

  1. 1 Whether the Appellant was an employee under section 230 of the Employment Rights Act 1996
  2. 2 Whether the Industrial Tribunal erred by dismissing the claim without hearing evidence from the Respondent

Ratio Decidendi

The Industrial Tribunal was entitled to dismiss the claim at the close of the Appellant's evidence because the Appellant failed to establish employment status, and hearing from the Respondent would not have altered the outcome. No error of law was found in the Tribunal's approach.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.