SD (Aberdeen) Limited v Wright and others UKEAT/0003/18/JW

Appeal against the ET’s finding that one of the Respondents was an “associated employer” of another of the Respondents. Appeal dismissed.

The Claimant had worked, for a period of 2 years, for one or more entities, with the same point of contact and no contractual documentation. When the working relationship ended, he brought a claim for unfair dismissal against 19 Respondents (all part of an interlinked business), who contended that the Claimant was not an employee of any of them and was, in fact, a self-employed contractor. The ET determined that the Claimant had first been an employee of one Respondent, and had then been an employee of another of the Respondents which was an associated employer of the first one. The Respondents appealed against the "associated employer" finding, which had implications for determining the Claimant's continuous service.

The EAT held that no error had been identified in the ET's determination of the issue of associated employers.

Published: 14/01/2019 11:38

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