Source: All England Reporter
Publisher Citation: [2008] All ER (D) 82 (Oct)
Court: Employment Appeal Tribunal
Judge:

Judge Peter Clark

Representation Peter Edwards (instructed by Rowley Ashworth, Birmingham) for the valeters.
  Patrick Green (instructed by Colemans CCTS, Kingston upon Thames) for the employer.
Judgment Dates: 4 June 2008

Catchwords

Employment - Contract of service - Written particulars of employment - Categorisation of valeters in claim before employment tribunal - Employment judge categorising valeters as 'employees' or alternatively 'workers' - Whether judge correct - s 230(1), (3).

The Case

Employment Contract of service. Employment Appeal Tribunal: In the instant case, the employment judge was wrong to have had categorised certain valeters, who had been providing vehicle cleaning services for the employer, as 'employees' in accordance with s230(1) of the . Given the terms of their contract, the valeters were more akin to 'workers' as defined under either s230(3)(a) or (b) of the Act.

Practice Areas

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