Premier Groundworks Ltd v Jozsa [2009] UKEAT 0494_08_1703 (17 March 2009)
The claimant was not a 'worker' under the WTR because the contract gave him an unfettered right to delegate performance of services to others for any reason, and the respondent was a customer of his business undertaking.
- Citation
- [2009] UKEAT 0494_08_1703
- Parties
- Claimant: Victor Jozsa; Respondent: Premier Groundworks Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 17 March 2009
- Procedural Posture
- Employment Appeal / Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Worker Status, Holiday Pay, Working Time Regulations
Case Brief
Summary, issues, holding and outcome
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Parties
Victor Jozsa
Claimant
Premier Groundworks Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal
Legal Issues
- 1 Whether the claimant was a 'worker' within the meaning of Regulation 2(1) of the Working Time Regulations 1998
- 2 Whether the respondent's status was that of a client or customer of a business undertaking carried on by the claimant
Ratio Decidendi
The claimant was not a 'worker' under the WTR because the contract gave him an unfettered right to delegate performance of services to others for any reason, and the respondent was a customer of his business undertaking.
Court Disposition
Appeal allowed
Orders
- Order of the Employment Tribunal entitling the claimant to holiday pay set aside
Full Case Text
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