Redrow Homes (Yorkshire) Ltd v Wright [2003] UKEAT 337_02_2005 (20 May 2003)

Redrow Homes (Yorkshire) Ltd v Wright [2003] UKEAT 337_02_2005 (20 May 2003)

Applicants provided personal service under contracts with Redrow and did not carry on a business undertaking; they fell within the definition of 'worker' under regulation 2(1)(b) Working Time Regulations 1998.

Citation
[2003] UKEAT 337_02_2005
Parties
Appellant: Redrow Homes (Yorkshire) Ltd; Appellant: Redrow Homes (North West) Ltd; Respondent: Mr Wright; Respondent: Mr Roberts and Others
Jurisdiction
United Kingdom
Judgment Date
20 May 2003
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeals dismissed
Legal Topics
Definition of Worker, Holiday Pay, Working Time Regulations 1998, Personal Service Requirement, Business Undertaking Exception

Case Brief

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Parties

Redrow Homes (Yorkshire) Ltd

Appellant

Redrow Homes (North West) Ltd

Appellant

Mr Wright

Respondent

Mr Roberts and Others

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

  1. 1 Meaning of 'worker' under regulation 2(1) Working Time Regulations 1998
  2. 2 Whether applicants undertook to perform personal service
  3. 3 Whether business undertaking exception applies

Ratio Decidendi

Applicants provided personal service under contracts with Redrow and did not carry on a business undertaking; they fell within the definition of 'worker' under regulation 2(1)(b) Working Time Regulations 1998.

Court Disposition

appeals dismissed

Orders

  • Applicants are entitled to holiday pay under regulation 14(2) Working Time Regulations 1998