Source: All England Reporter
Publisher Citation: [2006] All ER (D) 65 (Feb)
Court: Employment Appeal Tribunal

Richardson J

Representation Lachlan Wilson (instructed by Lyons Davidson) for the claimant.
  Joanne Dunlop (instructed for Withers LLP) for the respondent.
Judgment Dates: 11 November 2005


Employment - Unfair dismissal - Complaint - Employment tribunal finding claimant not employee - Whether tribunal erring in law.

The Case

Where there had been no written contract of employment, the question of whether a person was an employee was a mixed question of fact and law and it was only if an error of law could be distilled from the tribunal's reasons that an appeal would lie. In the instant case, the tribunal was correct in dismissing the claimant's unfair dismissal claim on the ground that he had not been employed by the respondent.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.