EAT upholds unfair dismissal victory for self-employed employees
07/02/2007
Forest Mere Lodges v (1) Watt and (2) Cameron [2007] All ER (D) 61 (Feb)
In an appeal to the EAT by the employer as to whether the employment tribunal was erring in its finding that claimants, successful in their unfair dismissal claim, were employees, the appeal was dismissed.
Employment – Contract of service – Want of mutuality – Employer engaging claimants as self-employed contractors – Claimants subsequently presenting claims for unfair dismissal – Issue arising as to whether claimants were employees – Employment tribunal finding that claimants were employees – Whether tribunal erring.
Extract from All ER report:
"In the instant case, the tribunal had correctly directed itself on the relevant issues of law, and had then applied those directions correctly in reaching its conclusions. The tribunal had properly evaluated the competing factors in the case, and had given cogent reasons for its decisions. In those circumstances, there had been no errors of law, and the tribunal had been entitled to reach the conclusion that the claimants had been employees, and that, therefore, they had been entitled to present claims for unfair dismissal."
Paul Draycott
appeared for the claimants (insructed by
Carlisle Community Law Centre
).
