• Robert Spicer

Contracts of employment: reality of position

CONTRACTS OF EMPLOYMENT

Reality of employment position

Case Dynasystems for Trade and General Consulting v Mosley UKEAT/0091/17/BA

Facts The appeal concerned the identification of the correct respondent against which M, the claimant, should make claims of unfair and wrongful dismissal. He had signed a written contract of employment with Dynasystems for Trade and General Consulting Company (Jordan), a Jordanian company. He was also sent a letter, for passport reasons, from Dynasystems UK (D UK). The ET upheld complaints that the claimant had been unfairly and wrongfully dismissed by Dynasystems UK. The respondents appealed to the EAT.

Decision 1.The appeal was dismissed.

  1. The reality was that M was employed by Dynasystems UK.

  2. Dynasystems Jordan had no actual place of business.

  3. M was line managed by an employee of D UK. He received instructions from D UK, which had agreed his salary. Dynasystems Jordan had not been involved in M’s recruitment

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