NETHERMERE (ST NEOTS) LTD V GARDINER & ANR (1984)

CA (Civ Div) (Stephenson LJ, Kerr LJ, Dillon LJ) 3/5/84

EMPLOYMENT - CIVIL PROCEDURE

BASIC REQUIREMENTS : UNFAIR DISMISSAL : HOME WORKERS : EMPLOYED OR SELF-EMPLOYED : EMPLOYEE OR INDEPENDENT CONTRACTOR

Whether seamstresses working at home was self-employed or employed.

Home workers were supplied with sewing machines by a clothing factory and were paid in accordance with the amount of work they did.

They could work as much or as little as they pleased.

On the termination of the arrangement, the EAT upheld IT's ruling that workers were entitled to claim for unfair dismissal as they were employees within s.153(1) of Employment Protection (Consolidation) Act 1978.

The employer appealed.



HELD: Distinguishing O'Kelly v Trust House Forte (1984), right approach was to test whether workers were in business on their own account and to consider what pointers there were one way or the other.

Appeal dismissed.

(1984) ICR 612 : (1984) IRLR 240
Document No. AC0019966

 

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