| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 18 (Feb) |
| Neutral Citation: | [2010] EWCA Civ 25 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Thorpe, Wilson and Rimer LJJ |
| Representation | William Hopkin (instructed by the Bar Pro Bono Unit) for the claimant. |
| Paul Gott (instructed by the Treasury Solicitor) for HMPS. | |
| Judgment Dates: | 2 February 2010 |
Catchwords
Employment - Contract of employment - Existence of contract - Claimant working for first defendant as 'temporary worker' through agency - Claimant alleging unfair dismissal, breach of contract and discrimination - Employment tribunal finding no jurisdiction to hear claims on basis claimant not employee of first defendant - Employment Appeal Tribunal (EAT) finding tribunal correct - Whether EAT erring - Whether contract of employment could be implied - s 78.
The Case
Employment Contract of employment. The Court of Appeal, Civil Division, found that the Employment Appeal Tribunal had been correct to dismiss the claimant's claim finding that there had been no contract for the provision of personal services between the claimant and the first defendant. Moreover, the claimant had not satisfied the wider definition of employment in s78 of the since he had been no more than a temporary agency worker with the first defendant.
Practice Areas
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