RSD Technology Ltd v Dawson [1996] UKEAT 608_94_0902 (9 February 1996)
The Tribunal's decision was flawed due to insufficient consideration of the control element, improper reliance on PAYE deductions, and failure to apply the holistic approach to employment status; thus, the decision cannot stand and must be remitted for reconsideration.
- Citation
- [1996] UKEAT 608_94_0902
- Parties
- Appellant: RSD Technology Ltd; Respondent: Peter Dawson
- Jurisdiction
- United Kingdom
- Judgment Date
- 09 February 1996
- Procedural Posture
- Employment Appeal / Appeal From Industrial Tribunal Decision
- Outcome
- Tribunal decision quashed and matter remitted for reconsideration
- Legal Topics
- Employment Status, Redundancy Payment, Contract of Employment, PAYE, Employment Agency Relationships
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
RSD Technology Ltd
Appellant
Peter Dawson
Respondent
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Legal Issues
- 1 Whether the respondent was an employee of the appellant during the relevant period and entitled to a redundancy payment
- 2 Whether the Tribunal correctly applied the legal tests for employment status
Ratio Decidendi
The Tribunal's decision was flawed due to insufficient consideration of the control element, improper reliance on PAYE deductions, and failure to apply the holistic approach to employment status; thus, the decision cannot stand and must be remitted for reconsideration.
Court Disposition
Tribunal decision quashed and matter remitted for reconsideration
Orders
- The decision of the Industrial Tribunal is quashed.
- The matter is remitted to an Industrial Tribunal for reconsideration.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment