UK Mail Ltd v Creasey (Jurisdictional Points : Worker, employee or neither) [2012] UKEAT 0195_12_2609 (26 September 2012)

UK Mail Ltd v Creasey (Jurisdictional Points : Worker, employee or neither) [2012] UKEAT 0195_12_2609 (26 September 2012)

The contract provided the claimant an unfettered right to appoint substitutes, subject only to suitability conditions, which does not fetter the right. Therefore, the claimant was not obliged to perform work personally and cannot be classified as a worker under section 230(3)(b) Employment Rights Act 1996.

Citation
[2012] UKEAT 0195_12_2609
Parties
Claimant: Mr Creasey; Respondent: UK Mail (Respondent)
Jurisdiction
United Kingdom
Judgment Date
26 September 2012
Procedural Posture
Employment Appeal / Appeal Against Preliminary Hearing Judgment
Outcome
Appeal allowed; claimant's claims dismissed.
Legal Topics
Worker Status, Right of Substitution, Employment Rights Act 1996 Section 230, Working Time Regulations, Contractual Construction
Employment Law Worker Status Right of Substitution Employment Rights Act 1996 Section 230 Working Time Regulations Contractual Construction

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Creasey

Claimant

UK Mail (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Hearing Judgment

Legal Issues

  1. 1 Whether the claimant was a 'worker' under section 230(3)(b) Employment Rights Act 1996
  2. 2 Whether an unfettered right of substitution negates worker status

Ratio Decidendi

The contract provided the claimant an unfettered right to appoint substitutes, subject only to suitability conditions, which does not fetter the right. Therefore, the claimant was not obliged to perform work personally and cannot be classified as a worker under section 230(3)(b) Employment Rights Act 1996.

Court Disposition

Appeal allowed; claimant's claims dismissed.

Orders

  • Claimant's claims under limb (b) worker status are dismissed.
  • Permission to appeal refused.