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Contractor''s employment rights dismissed by ruling
A contractor in the UK has lost an employment rights bid and failed to overturn a prior ruling by the Employment Appeals Tribunal.Andrew Tilson originally saw a June 2009 Employment Tribunal rule he was an employee of Alstom Transport and therefore was eligible to take advantage of certain rights, including being able to claim unfair dismissal when his contract came to an end.
However, Lord Justice Elias has now ruled in a unanimous decision alongside judges Lord Justice Pitchford and Lady Justice Arden that the original tribunal was "misdirected in law".
He said as Mr Tilson failed to draw up an official employment contract with Alstom Transport "there was no proper basis on which any employment tribunal … could find that there was a direct contractual relationship between Alstom and the appellant".
Employment rights for contractors in the UK have become more limited since February 2008 when the Court of Appeal ruled such workers will be required to prove they have a contract with their employer to qualify for work-based rights.
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