Bannerman v Euroscot Engineering Ltd UKEATS/0010/19/AT

Appeal against the ET’s finding that the Claimant was not an employee of the Respondent. Appeal dismissed.

The Claimant presented a claim to the ET, seeking compensation for unfair dismissal, wrongful dismissal, and ancillary claims. The ET considered, among other things, whether the Claimant was employed by the Respondent or not, and examined the evidence by reference to Ready Mix Concrete (South East) Limited v Minister of Pensions and National Insurance [1968] 2 QB 497; it was satisfied that there was a contract of personal service and mutuality of obligation, but it concluded that the Respondent did not exercise the requisite degree of control over the Claimant, and so it held that it did not have jurisdiction to entertain the claim. The Claimant appealed on grounds including that the ET had placed too much emphasis on daily control and not enough on with whom, and to what extent, ultimate control resided.

The EAT held that the ET had not misdirected itself in concluding that, while the Respondent had ultimate control over some matters, the degree of control that the Respondent exercised was insufficient to justify the conclusion that the Claimant was an employee of the Respondent.

Published: 29/09/2020 17:44

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