| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 378 (Dec) |
| Neutral Citation: | [2003] EWCA Civ 1876 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Pill, Mummery and May LJJ |
| Representation | Bruce Carr (instructed by Steeles) for the claimant. |
| David Bean QC and James Laddie (instructed by Baker-McKenzie) for the defendant. | |
| Judgment Dates: | 19 December 2003 |
Catchwords
Employment - Contract of employment - Contract of service or for services - Existence of contract - Claimant making complaint of unfair dismissal - Employment tribunal finding claimant not employed by defendant - Employment Appeal Tribunal allowing appeal against tribunal's determination - Correctness of decision.
The Case
The absence of an express reference to the form or level of monetary payments to the claimant in the terms and conditions of fixed term employment was not in itself fatal to the existence of a contract of service between the claimant and defendant, and the employment appeal tribunal had been entitled to conclude that the claimant had been employed by the defendant.
Practice Areas
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