Bailey v Fircroft Engineering Services Ltd [1997] UKEAT 67_96_0703 (7 March 1997)

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
Employment Law 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

  1. 1 Whether the applicant was an employee or self-employed under a contract for services
  2. 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