Source: All England Reporter
Publisher Citation: [2009] All ER (D) 238 (Jun)
Court: Employment Appeal Tribunal
Judge:

Judge Peter Clark

Representation Tracey Moss (instructed by the Citizens Advice Specialist Support) for the employee.
  Stuart Ritchie (instructed by Magrath LLP) for the employer.
Judgment Dates: 24 April 2009

Catchwords

Employment - Contract of service - Want of mutuality - Employee employed under series of written agreements - Employee working varying hours - Employee being made redundant - Employee bringing claim to determine whether employee for purpose of bringing unfair dismissal claim - Judge holding not an employee - Whether judge erring.

The Case

Employment Contract of service. Employment Appeal Tribunal: An appeal by the employee against the decision of a judge, that he was not an employee and could not bring a claim for unfair dismissal, was dismissed on the basis that there had been no mutuality of obligation between the parties and the judge had been correct in his findings.

Practice Areas

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