PHDS Ltd v West & Anor [1998] UKEAT 1305_97_2101 (21 January 1998)

PHDS Ltd v West & Anor [1998] UKEAT 1305_97_2101 (21 January 1998)

Miss J. B. West was employed under a contract of service, not as an independent contractor, based on the reality of her engagement, control, exclusivity, and absence of business risk or opportunity for profit, regardless of contractual nomenclature.

Citation
[1998] UKEAT 1305_97_2101
Parties
Appellant: PHDS Limited; Applicant: Miss J. B. West; Second Respondent: Rhone Poulenc Rorer
Jurisdiction
United Kingdom
Judgment Date
21 January 1998
Procedural Posture
Employment Appeal / Preliminary Hearing on Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Employment Status, Contract of Service, Unfair Dismissal
Employment Law Employment Status Contract of Service Unfair Dismissal

Case Brief

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Parties

PHDS Limited

Appellant

Miss J. B. West

Applicant

Rhone Poulenc Rorer

Second Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Leave to Appeal

Legal Issues

  1. 1 Whether Miss J. B. West was employed under a contract of service or as an independent contractor
  2. 2 Whether the Industrial Tribunal had jurisdiction to adjudicate upon her complaint of unfair dismissal

Ratio Decidendi

Miss J. B. West was employed under a contract of service, not as an independent contractor, based on the reality of her engagement, control, exclusivity, and absence of business risk or opportunity for profit, regardless of contractual nomenclature.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Appeal will not proceed to a full hearing