Quashie v Stringfellows Restaurants Ltd (Jurisdictional Points : Worker, employee or neither) [2012] UKEAT 0289_11_2604 (26 April 2012 )

Quashie v Stringfellows Restaurants Ltd (Jurisdictional Points : Worker, employee or neither) [2012] UKEAT 0289_11_2604 (26 April 2012 )

The Claimant was an employee on each night she worked, as there was a contract with mutual obligations and sufficient control by the Respondent. The Employment Judge erred in finding no mutuality of obligation. There was also an umbrella contract covering the period between engagements due to ongoing obligations such as attendance at meetings and notification of holidays. The issue of illegality was not adequately determined and is remitted for reconsideration.

Citation
[2012] UKEAT 0289_11_2604
Parties
Appellant/claimant: Ms Quashie; Respondent: Stringfellows Restaurants Ltd
Jurisdiction
United Kingdom
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision; Cross Appeal on Illegality Remitted
Outcome
Appeal allowed; cross-appeal on illegality succeeded in part; matter remitted for rehearing on unfair dismissal and illegality.
Legal Topics
Employment Status, Unfair Dismissal, Illegality of Contract, Mutuality of Obligation, Umbrella Contract
Employment Law Employment Status Unfair Dismissal Illegality of Contract Mutuality of Obligation Umbrella Contract

Case Brief

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Parties

Ms Quashie

Appellant/claimant

Stringfellows Restaurants Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision; Cross Appeal on Illegality Remitted

Legal Issues

  1. 1 Whether the Claimant was an employee or self-employed on nights worked and during gaps between engagements
  2. 2 Whether there was an umbrella contract of employment
  3. 3 Whether the contract was void for illegality in its performance

Ratio Decidendi

The Claimant was an employee on each night she worked, as there was a contract with mutual obligations and sufficient control by the Respondent. The Employment Judge erred in finding no mutuality of obligation. There was also an umbrella contract covering the period between engagements due to ongoing obligations such as attendance at meetings and notification of holidays. The issue of illegality was not adequately determined and is remitted for reconsideration.

Court Disposition

Appeal allowed; cross-appeal on illegality succeeded in part; matter remitted for rehearing on unfair dismissal and illegality.

Orders

  • Employment Judge's decision set aside
  • Claimant held to be an employee