Contract of Employment - Whether established The Claimant was a part time Rugby Coach. The Employment Tribunal found that he had freely elected to be paid as an independent contractor though a limited company he acquired for the purpose, rather than on a PAYE basis. He rendered invoices subject to VAT for a gross fee for coaching services rendered by him. The E.T. found that certain factors in the relationship between the Claimant and Respondents were more consistent with employment as opposed ...
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Petition for Judicial Review of a Decision of the Secretary of State for the Home Department dated 20 January 2009:- The petitioner arrived in the United Kingdom in July 2000 and claimed asylum which was refused on 16 May 2001 and an appeal was dismissed on 22 January 2002. His application for permission to appeal to the Tribunal was refused in March 2002. The petitioner was found on 1 March 2007 working at the Rupee Room in Ayr and stated his name as Rashpal Singh, born 8 July 1979. Subsequent ...
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Appeal from Sheriff Court:- The respondent, Thomas Sneddon, operated as a taxi driver from Glasgow International Airport. The appellants' licensing area is sub-divided into three district areas, Paisley, Johnstone and Erskine. The respondent was licensed to operate within the Erskine District area, which includes the airport. The respondent's taxi licence was issued by the appellants' Regulatory Functions Board under sections 2 and 10 of the Civic Government (Scotland) Act 1982. In terms of the ...
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Petition for Judicial Review of a Decision of the Secretary of State for the Home Department dated 12 December 2008:- The petitioner arrived in the United Kingdom on 27 August 1999 as the holder of a work permit valid until 5 September 1999. He failed to leave the country on the expiration of that permit and was subsequently found working illegally at the Amritsar restaurant in Kirkcaldy on 13 October 2001. Having been served with illegal entry papers he claimed asylum on 17 October 2001. That c ...
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Criminal Note of Appeal Against Conviction:- On 24 January 2007, at the High Court in Edinburgh, the appellant was found guilty of a charge of rape following trial. The appellant appealed against his conviction on the grounds that:- (1) there was insufficient corroborative evidence of (a) lack of consent or (b) the appellant having had the necessary mens rea for rape; (2) no reasonable jury properly directed could have returned a verdict of guilty having regard to the nature of the evidence on w ...
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Jurisdictional Points - Worker, employee or neither Hospital bank porter. Whether an employee? Absence of mutuality of obligations. Prater (CA) and N.W. Probation v Edwards (EAT) distinguished. Employment Tribunal entitled to find he was not employed under a succession of short engagements. He could, on the facts, be sent home during a shift if no longer required to work, without pay, for the remainder of the shift.
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Practice and Procedure - Postponement or stay General stay of Employment Tribunal proceedings; Employment Tribunal Rules 11 & 12 – application for order “ex parte”; Employment Tribunal intention not to serve order on other party. Third Party confidentiality and possible P.1.1. Joinder of Third Party. Right to have application for original application to be revoked heard. Appeal allowed; matter remitted for revocation application to be heard.
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Jurisdictional Points - Working outside the jurisdiction This is an appeal on jurisdiction in an unfair dismissal claim. Claimant was employed by the respondents, a Singapore company, as a storeman working in the offshore industry. He worked on an oil rig registered in Singapore operated by a company registered in the UK when it was in the Gulf of Mexico and, latterly, when it was off the coast of Nigeria. He was dismissed and sought to pursue a claim of unfair dismissal before the ...
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Jurisdictional Points - 2002 Act and pre-action requirements Constructive dismissal – Tribunal wrong to have held that the complaints relied on by the Claimant had not been the subject of a prior grievance – Cyprus Airways Ltd v Lambrou UKEAT/0526/06 considered.
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Practice and Procedure - Bias, misconduct and procedural irregularity Appeal dismissed. No error of law in the Tribunal’s reasoning and no bias or procedural irregularity. Appeal misconceived; costs awarded.
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