UPVC Designs Ltd (t/a Croston Conservatories v. Latimer & Anor [2007] UKEAT 0431_07_1610 (16 October 2007)

UPVC Designs Ltd (t/a Croston Conservatories v. Latimer & Anor [2007] UKEAT 0431_07_1610 (16 October 2007)

The Employment Tribunal erred in law by failing to adequately address and evaluate the control element and other necessary aspects of the contract of employment test as set out in Ready Mixed Concrete. The decision was based primarily on mutuality of obligation without sufficient analysis of control or consistency...

Source-derived case information.

Citation
[2007] UKEAT 0431_07_1610
Parties
Appellant: UPVC Designs Ltd; Respondent: Mrs Millar
Jurisdiction
United Kingdom
Judgment Date
16 October 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Tribunal decision set aside; matter remitted for reconsideration by a different Tribunal or Chairman.
Legal Topics
Contract of Employment, Worker Status, Unfair Dismissal, Sex Discrimination, Holiday Pay, Mutuality of Obligation, Control Test
Employment Law Contract of Employment Worker Status Unfair Dismissal Sex Discrimination Holiday Pay Mutuality of Obligation Control Test

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Summary, issues, holding and outcome

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Parties

UPVC Designs Ltd

Appellant

Mrs Millar

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Mrs Millar was an employee under section 230 of the Employment Rights Act 1996
  2. 2 Whether the Employment Tribunal correctly applied the legal tests for contract of employment, particularly the control and mutuality of obligation tests
  3. 3 Whether the Tribunal's reasons were adequate and addressed all necessary legal elements

Ratio Decidendi

The Employment Tribunal erred in law by failing to adequately address and evaluate the control element and other necessary aspects of the contract of employment test as set out in Ready Mixed Concrete. The decision was based primarily on mutuality of obligation without sufficient analysis of control or consistency with a contract of service. The Tribunal's reasoning was inadequate and could not stand, even after considering the supplemental reasons.

Court Disposition

Appeal allowed; Tribunal decision set aside; matter remitted for reconsideration by a different Tribunal or Chairman.

Orders

  • The Employment Tribunal's decision is set aside.
  • The question of whether Mrs Millar was an employee is to be reconsidered afresh by a different Tribunal or Chairman.