Employment Cases Update

Exmoor Ales Ltd and another v Herriot UKEAT/0075/18/RN

Date published: 01/03/2019

Appeal against the ET’s finding that the Claimant became an employee of the First Respondent, under an oral contract of employment, from the relevant date. Appeal dismissed.

The Claimant, an accountant, had a long work relationship with the Respondents until that relationship deteriorated and came to an end in 2017, when she brought claims for unfair dismissal, age discrimination, holiday pay, failure to provide a statement of written particulars of employment, harassment and victimisation. The ET heard that, in April 2011, an arrangement was agreed whereby the Claimant began to receive quarterly payments of £1,000 for working "exclusively" for the First Respondent; and it determined that, from that date, the Claimant became an employee of the First Respondent.

The EAT held that the ET did not err in law in approaching its task of weighing up the factors for and against employment or self-employment.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment on BAILII.

Pre-order the 2019-20 edition of the Emp;oyment Tribunal Remedies Handbook and get a free digital edition worth £45