Wright v Canterbury Christ Church University College [2005] UKEAT 0428_04_0604 (6 April 2005)

Wright v Canterbury Christ Church University College [2005] UKEAT 0428_04_0604 (6 April 2005)

Employment Tribunal failed to clarify whether its finding of no agreement was based on the objective test; matter must be remitted for determination under the correct legal standard.

Citation
[2005] UKEAT 0428_04_0604
Parties
Appellant: Mr Wright; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
06 April 2005
Procedural Posture
Employment Appeal / Appeal Hearing; Remitted to Employment Tribunal
Outcome
Appeal allowed in part; case remitted to Employment Tribunal for reconsideration.
Legal Topics
Disability Discrimination, Sex Discrimination, Part Time Workers Less Favourable Treatment Regulations, Wrongful Dismissal, Contract Formation
Employment Law Discrimination Law Contract Law Disability Discrimination Sex Discrimination Part Time Workers Less Favourable Treatment Regulations Wrongful Dismissal Contract Formation

Case Brief

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Parties

Mr Wright

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Hearing; Remitted to Employment Tribunal

Legal Issues

  1. 1 Whether there was a concluded contract of employment based on objective test
  2. 2 Whether Claimant was a part-time worker under Regulation 2
  3. 3 Whether difference in treatment between Claimant and Mr Dunhill could be objectively justified under Regulation 5

Ratio Decidendi

Employment Tribunal failed to clarify whether its finding of no agreement was based on the objective test; matter must be remitted for determination under the correct legal standard.

Court Disposition

Appeal allowed in part; case remitted to Employment Tribunal for reconsideration.

Orders

  • Matter remitted to same Employment Tribunal to determine contract formation under objective test.
  • Employment Tribunal to consider Regulation 2 and Regulation 5 issues if necessary.