Bailey v Fircroft Engineering Services Ltd [1997] UKEAT 67_96_0703 (7 March 1997)
The Tribunal erred in law by failing to distinguish between general and specific engagements and by misapplying the relevant legal tests; on the facts and documents, the applicant was an employee under a contract of employment.
Source-derived case information.
- Citation
- [1997] UKEAT 67_96_0703
- Parties
- Appellant: Mrs Bailey; Respondent: Fircroft Engineering Services Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 07 March 1997
- Procedural Posture
- Employment Appeal / Appeal From Industrial Tribunal Decision
- Outcome
- Appeal allowed
- Legal Topics
- Contract of Employment, Contract for Services, Employment Status, Jurisdiction of Industrial Tribunal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mrs Bailey
Appellant
Fircroft Engineering Services Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Legal Issues
- 1 Whether the applicant was an employee or self-employed under a contract for services
- 2 Whether the Industrial Tribunal had jurisdiction to hear the complaint of dismissal
Ratio Decidendi
The Tribunal erred in law by failing to distinguish between general and specific engagements and by misapplying the relevant legal tests; on the facts and documents, the applicant was an employee under a contract of employment.
Court Disposition
Appeal allowed
Orders
- Decision of the Industrial Tribunal set aside
- Matter to proceed to consideration of the merits of the application
Full Case Text
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