Protectacoat Firthglow Ltd v Szilagyi [2008] UKEAT 0435_07_2804 (28 April 2008)

Protectacoat Firthglow Ltd v Szilagyi [2008] UKEAT 0435_07_2804 (28 April 2008)

The Tribunal was entitled to find the claimant was an employee based on the actual working arrangements and control exercised by the company, regardless of the partnership documentation. The finding that the partnership was a sham was legitimate based on the evidence. However, the extension of time issue was not...

Source-derived case information.

Citation
[2008] UKEAT 0435_07_2804
Parties
Appellant: Protectacoat; Respondent: Mick Szilagyi
Jurisdiction
United Kingdom
Judgment Date
28 April 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Issues
Outcome
Appeal allowed in part; employee status upheld, extension of time remitted
Legal Topics
Worker Status, Employee Status, Extension of Time, Unfair Dismissal
Employment Law Worker Status Employee Status Extension of Time Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Protectacoat

Appellant

Mick Szilagyi

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Issues

Legal Issues

  1. 1 Whether the claimant was an employee or a partner
  2. 2 Whether time should be extended for lodging the unfair dismissal claim

Ratio Decidendi

The Tribunal was entitled to find the claimant was an employee based on the actual working arrangements and control exercised by the company, regardless of the partnership documentation. The finding that the partnership was a sham was legitimate based on the evidence. However, the extension of time issue was not properly identified or dealt with, and the respondent was not given full opportunity to challenge the evidence, requiring remission to a fresh tribunal.

Court Disposition

Appeal allowed in part; employee status upheld, extension of time remitted

Orders

  • Remit the issue of extension of time to a fresh tribunal for reconsideration
  • Employee status finding stands