SECRETARY OF STATE FOR EMPLOYMENT (APPELLANT) v ALAN JOHN MCMEECHAN (RESPONDENT) (1996)

CA (Civ Div) (McCowan LJ, Waite LJ, Potter LJ) 11/12/96

EMPLOYMENT

CONTRACTS OF EMPLOYMENT

Whether person working for an employment agency as a "self-employed worker" was entitled to claim money owed to him by the agency when the agency became insolvent.

Secretary of state's appeal from EAT decision.

The respondent employee had been on the books of the employment agency for almost one year during which he had a series of engagements supplied to him by the agency.

When the agency became insolvent he sought to recover from the Redundancy Fund under s.122 Employment Protection (Consolidation) Act 1978, the unpaid earnings due to him in respect of his last engagement.



HELD: The appellant's fundamental submission that no claim to single-stint employee status as between the temporary worker and the contractor is maintainable in law had to be rejected for the reasons set out in full in the judgment.

The appellant was entitled to be treated as an employee of the contractor for the purposes of the single contract governing the engagement which he worked with the client in respect of whom he claimed payment.

That was sufficient to dispose of the appeal by the secretary of state from the holding of employee status derived from the terms of general employment which does not arise for direct consideration.

It would be more satisfactory to leave that issue to be decided in a case where it arises for direct decision - preferably between parties who both have the benefit of legal representation.

Appeal dismissed.

Lord Meeston for the appellant. The respondent appeared in person.

LTL 20/12/96 (Unreported elsewhere) : (1997) ICR 549 : (1997) IRLR 353

Document No. AC0002486

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