Thu, 24 Jan 2013
In White and Todd v Troutbeck (UKEAT/0177/12) the Employment Appeal Tribunal has overturned an Employment Tribunal ruling that the Claimants who were engaged by the Respondent as caretaker/manager of a house and small farms estate responsible for undertaking duties which included what might be described as estate management together with maintenance of the house and grounds were workers but not employees. The tribunal had concluded that the Appellants were workers not employees because the Respondent did not have sufficient control of them on a day to day basis. But the EAT, in overruling the Tribunal’s judgment, ruled that this was not necessary: the Respondent had a sufficient right of control for the Claimant’s to be employees and that effect should be given to the statement in the contract that they were employees.
The EAT Judge, HHJ Richardson QC, concluded that the judge had erred in law and substituted a ruling that the Appellants were employees. Employment Team Barrister Anthony Korn represented the successful Appellants.