Nayak v Lucent Advisors (UK) Ltd (Debarred) & Anor UKEAT/0154/17/LA

Appeal against a judgment that ruled that the Claimant was not an employee of either the First or Second Respondent and that accordingly his claim for unfair dismissal must be dismissed. Appeal also against a finding that he did not have the requisite two year period of continuous employment by either Respondent. Appeal allowed and remitted to a fresh Tribunal.

The Claimant claimed unfair dismissal. The Respondents served ET3 responses which denied that he was an employee, but thereafter took no part. Following a Preliminary Hearing on the issue of his employment status the ET held that he had been self-employed at all times and that he did not have two years' continuous employment, so that it had no jurisdiction to entertain the claim in any event. His claims were dismissed and he appealed.

The EAT allowed the appeal, accepting that the ET had asked itself the right questions but that in answering them there had been errors of approach.

Published: 19/02/2018 13:15

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