Smith v Goodmayes Insulations Ltd [1997] UKEAT 55_97_2711 (27 November 1997)

Smith v Goodmayes Insulations Ltd [1997] UKEAT 55_97_2711 (27 November 1997)

The tribunal misdirected itself by treating the parties' agreement on employment status as overriding other considerations. The correct approach is to consider all relevant facts and circumstances, not just the parties' label, in determining employment status under the Employment Rights Act 1996.

Source-derived case information.

Citation
[1997] UKEAT 55_97_2711
Parties
Appellant: Mr Smith; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
27 November 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; decision of the Industrial Tribunal set aside.
Legal Topics
Employment Status, Unfair Dismissal, Contract of Service Vs Contract for Services, Self Employment, Statutory Interpretation
Employment Law Employment Status Unfair Dismissal Contract of Service Vs Contract for Services Self Employment Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Mr Smith

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mr Smith was an employee or self-employed for the purposes of the Employment Rights Act 1996
  2. 2 Whether the tribunal erred in law by treating the parties' agreement on status as determinative

Ratio Decidendi

The tribunal misdirected itself by treating the parties' agreement on employment status as overriding other considerations. The correct approach is to consider all relevant facts and circumstances, not just the parties' label, in determining employment status under the Employment Rights Act 1996.

Court Disposition

Appeal allowed; decision of the Industrial Tribunal set aside.

Orders

  • Case remitted to a differently constituted Industrial Tribunal for reconsideration in accordance with the correct legal principles.