East Living Ltd v. Sridhar [2008] UKEAT 0476_07_0411 (4 November 2008)

East Living Ltd v. Sridhar [2008] UKEAT 0476_07_0411 (4 November 2008)

The Employment Tribunal erred by failing to apply the correct legal test for implying a contract of employment between the claimant and the Second Respondents. The express contractual arrangements between the claimant and the agency adequately explained the working relationship, and there was no necessity to imply a contract of employment with the end-user. The claimant was not an employee of the Second Respondents.

Citation
[2008] UKEAT 0476_07_0411
Parties
Appellant: Second Respondents (Appellants); First Respondent / Claimant: Raman Sridhar; Second Respondents Below / Employment Agency: First Respondents (Trinity Solutions Group, Trinity Care Solutions or Enterprise PLC or any other company trading under Trinity Group Holdings Limited)
Jurisdiction
United Kingdom
Judgment Date
04 November 2008
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed. Tribunal's judgment against the Second Respondents set aside insofar as it awarded the claimant sums under s.31 and s.38 of the Employment Act 2002.
Legal Topics
Worker Status, Employee Status, Agency Relationships, Victimisation, Discrimination (race and Sexual Orientation)
Employment Law Worker Status Employee Status Agency Relationships Victimisation Discrimination (race and Sexual Orientation)

Case Brief

Summary, issues, holding and outcome

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Parties

Second Respondents (Appellants)

Appellant

Raman Sridhar

First Respondent / Claimant

First Respondents (Trinity Solutions Group, Trinity Care Solutions or Enterprise PLC or any other company trading under Trinity Group Holdings Limited)

Second Respondents Below / Employment Agency

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the claimant was an employee of the end-user (Second Respondents) or merely an agency worker
  2. 2 Whether the Employment Tribunal applied the correct legal test for implying a contract of employment between agency worker and end-user
  3. 3 Whether compensation and statutory awards were properly made

Ratio Decidendi

The Employment Tribunal erred by failing to apply the correct legal test for implying a contract of employment between the claimant and the Second Respondents. The express contractual arrangements between the claimant and the agency adequately explained the working relationship, and there was no necessity to imply a contract of employment with the end-user. The claimant was not an employee of the Second Respondents.

Court Disposition

Appeal allowed. Tribunal's judgment against the Second Respondents set aside insofar as it awarded the claimant sums under s.31 and s.38 of the Employment Act 2002.

Orders

  • Set aside award of £598.48 under s.31 of the Employment Act 2002.
  • Set aside award of £157.25 under s.38 of the Employment Act 2002.