Employment status: Employee status to be determined from full consideration of evidence

Key points

• In Franks v Reuters Ltd and another 10.4.03 Court of Appeal, the Court of Appeal holds that in determining an individual's employment status, an employment tribunal should consider, not only any relevant documents, but also all the relevant evidence about the dynamics of the work relationship between the parties, and make clear and comprehensive findings of fact on this evidence.
• Where, as in this case, the relationship between a worker supplied by an employment agency and the client employer was not covered by any documents, it was all the more important for the tribunal to undertake such full and proper consideration of the evidence, including the express or implied contractual basis for the work done by the worker over a long period of time for the same employer.