Clark v Oxfordshire Health Authority [1996] UKEAT 1054_95_0403 (4 March 1996)

Clark v Oxfordshire Health Authority [1996] UKEAT 1054_95_0403 (4 March 1996)

The majority held that the contract between Mrs Clark and Oxfordshire Health Authority, properly construed, contained the main indicia of a contract of employment, including provisions for pay, increments, superannuation, grievance and disciplinary procedures, and dismissal, outweighing the absence of guaranteed or continuous work. The Industrial Tribunal erred by not adequately considering these factors, and the Employment Appeal Tribunal was not inhibited from correcting the interpretation of the contract.

Citation
[1996] UKEAT 1054_95_0403
Parties
Applicant: Mrs Clark; Respondents: Oxfordshire Health Authority
Jurisdiction
United Kingdom
Judgment Date
04 March 1996
Procedural Posture
Employment Appeal Tribunal / Appeal From Industrial Tribunal Preliminary Issue
Outcome
Appeal allowed (majority); matter remitted to Industrial Tribunal to decide remaining issues on the basis that Mrs Clark held a contract of employment with the Respondents; leave to appeal granted.
Legal Topics
Employment Status, Contract of Employment, Unfair Dismissal
Employment Law Employment Status Contract of Employment Unfair Dismissal

Case Brief

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Parties

Mrs Clark

Applicant

Oxfordshire Health Authority

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal From Industrial Tribunal Preliminary Issue

Legal Issues

  1. 1 Whether Mrs Clark was an employee of Oxfordshire Health Authority within the meaning of the Employment Protection (Consolidation) Act 1978

Ratio Decidendi

The majority held that the contract between Mrs Clark and Oxfordshire Health Authority, properly construed, contained the main indicia of a contract of employment, including provisions for pay, increments, superannuation, grievance and disciplinary procedures, and dismissal, outweighing the absence of guaranteed or continuous work. The Industrial Tribunal erred by not adequately considering these factors, and the Employment Appeal Tribunal was not inhibited from correcting the interpretation of the contract.

Court Disposition

Appeal allowed (majority); matter remitted to Industrial Tribunal to decide remaining issues on the basis that Mrs Clark held a contract of employment with the Respondents; leave to appeal granted.

Orders

  • Matter remitted to Industrial Tribunal for determination of remaining issues.
  • Leave to appeal granted.