Employment status

New and updated

• Date:

  11 April 2007

  Type:

  Employment law cases

  James v Redcats (Brands) Ltd

  In James v Redcats (Brands) Ltd [2007] IRLR 296 EAT, the Employment Appeal Tribunal (EAT) has given guidance on the definition of a worker under the national minimum wage legislation.

• Date:

  6 March 2007

  Type:

  Employment law cases

  Craigie v London Borough of Haringey

  In Craigie v London Borough of Haringey EAT/0556/06, the Employment Appeal Tribunal (EAT) has considered when a contract of employment can be implied between an agency worker and an end user.

• Date:

  30 August 2006

  Type:

  Employment law cases

  ABC News Intercontinental Inc v Gizbert

  In ABC News Intercontinental Inc v Gizbert EAT/0160/06, the Employment Appeal Tribunal (EAT) has held that there was sufficient mutuality of obligation for a contract of employment to exist where an individual had an implied duty to consider in good faith whether to accept or refuse work.

• Date:

  7 April 2006

  Type:

  Employment law cases

  Employment status/sex discrimination: Church minister was employee for sex discrimination purposes

  In Percy v Church of Scotland Board of National Mission, the House of Lords holds that a church minister who had entered into a contract personally to execute work or labour was an "employee" for the purposes of the Sex Discrimination Act 1975.

• Type:

  Employment law cases

  Case round-up: Employment status

  This week's case round-up from Eversheds, covering employment status.

• Date:

  24 June 2005

  Type:

  Employment law cases

  Agency workers: Agency worker not employee of agency or end-user

  In Bunce v Postworth Ltd (t/a Skyblue), the Court of Appeal holds that, in certain circumstances, there may be an umbrella agreement governing the relationship between a worker and an employment agency, alongside individual, separate contracts in respect of specific assignments for the agency's clients.

• Date:

  31 December 2004

  Type:

  Employment law cases

  Usetech Ltd v Young (Inspector of Taxes)

  In Usetech Ltd v Young (Inspector of Taxes) [2004] EWHC 2248 HC, the High Court found that where an individual provided his services through his own service company and an agency all the contracts were subsumed into one. The relevant terms identified and transferred to the notional contract between the individual and the hirer were consistent with those of an employment contract.

• Date:

  1 November 2004

  Type:

  Employment law cases

  Soteriou v Ultrachem Ltd and others

  In Soteriou v Ultrachem Ltd and others [2004] IRLR 870 HC, the High Court held that the EAT had not erred in striking out the applicant's claim for wrongful dismissal on the basis that an employment tribunal had already determined on a claim for unfair dismissal that the applicant's contract of employment was unenforceable due to illegality and that, since the claim for wrongful dismissal involved the same contract, the EAT was bound by that finding.

• Date:

  1 July 2004

  Type:

  Employment law cases

  Volunteers not "employees"

  Voluntary workers were not "employees" as defined in s.68 of the Disability Discrimination Act 1995, holds the EAT in South East Sheffield Citizens Advice Bureau v Grayson (17 November 2003).

• Date:

  7 May 2004

  Type:

  Employment law cases

  Employment status/agency worker: Worker not employee of agency

  In Brook Street (UK) Ltd v Dacas, the Court of Appeal holds that where an agency's obligations to a worker (who provides his or her services to an end-user) do not extend to an obligation to continue providing that worker with work, and where that worker is under no obligation to continue working or to accept any placement offered to them by the agency, there can be no mutuality of obligations between those parties.