||All England Reporter
|| All ER (D) 82 (Oct)
||Employment Appeal Tribunal
Judge Peter Clark
||Peter Edwards (instructed by Rowley Ashworth, Birmingham) for the valeters.
||Patrick Green (instructed by Colemans CCTS, Kingston upon Thames) for the employer.
||4 June 2008
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).
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.
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