JNJ Bricklaying Ltd v. Stacey & Ors [2003] UKEAT 0088_03_0807 (8 July 2003)

JNJ Bricklaying Ltd v. Stacey & Ors [2003] UKEAT 0088_03_0807 (8 July 2003)

On the facts, the Applicants were workers and not carrying on a business undertaking; the Respondent was not a customer of such an undertaking. The Employment Tribunal's approach disclosed no error of law.

Citation
[2003] UKEAT 0088_03_0807
Parties
Appellant: Respondent; Respondents: Applicants Edwards, Hague, Palmer, Birtles, Leach, Stacey
Jurisdiction
United Kingdom
Judgment Date
08 July 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Worker Status, Business Undertaking Exception, Contract for Personal Service
Employment Law Worker Status Business Undertaking Exception Contract for Personal Service

Case Brief

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Parties

Respondent

Appellant

Applicants Edwards, Hague, Palmer, Birtles, Leach, Stacey

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Applicants were workers within the extended definition in limb (b) of Regulation 2 of WTR 1998
  2. 2 Whether the Respondent was a customer of a business undertaking carried on by the Applicants

Ratio Decidendi

On the facts, the Applicants were workers and not carrying on a business undertaking; the Respondent was not a customer of such an undertaking. The Employment Tribunal's approach disclosed no error of law.

Court Disposition

Appeal dismissed

Orders

  • No error of law found; Employment Tribunal decision stands.