Source: All England Reporter
Publisher Citation: [2012] All ER (D) 113 (Aug)
Court: Employment Appeal Tribunal

Judge David Richardson

Representation Michael Duggan (instructed by Longmores Solicitors, Hertford) for Pulse Healthcare Ltd.
  Andrew Wastall (instructed by Lyons Davison, Solihull) for Carewatch Care Services Ltd.
  The remaining respondents neither appeared nor were they represented.
Judgment Dates: 6 August 2012


Employment - Contract of service - Meaning of 'employee' - Respondent company providing 24 hour care package to severely disabled individual pursuant to contract with primary care trust (PCT) - Claimants working for respondent in providing package - PCT terminating contract with respondent and entering into contract with appellant company - Claimants continuing to provide package - Employment tribunal finding claimants were employees and employment transferred to appellant - Whether tribunal erring - Transfer of Undertaking (Protection of Employment) Regulations 2006, .

The Case

Employment Contract of service. The Employment Appeal Tribunal, in dismissing the appeals of the appellant and first respondent, held that the employment tribunal judge, in the circumstances of the case, had been entitled to find that five claimants had been employed under contracts of employment and that such contracts had the requisite mutuality of obligations despite terms of the contracts alluding to the contrary.

Practice Areas

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