The EAT has dismissed an appeal by 15-year-old paperboy Myles Bebbington against the decision of an Employment Tribunal that he was not an employee.
Myles worked for a newsagent in Kent. When he was asked to start at 6.30am, rather than his usual 7am start time, Myles’s mother complained. He was later told by the shop owner not to return to work.
The EAT confirmed that Myles was not unfairly dismissed from his paper round as he was not an employee.The Tribunal found that there was no 'mutuality of obligation' between Myles and the newsagent, suggesting that, if Myles chose not to do the paper round, he could simply send somebody else to do it on his behalf.
Best Practice
Questions of employment status are complex. The primary consideration will be the substance and reality of the relationship between the parties. The criteria typically considered in determining employment status, includes - the mutuality of obligation and - the level of control by the party for whom the work is being carried out.
Advice should be taken if there are uncertainties about employment status as each case rests on its facts.
If you would like further advice on concerning employment status or typical working arrangements please contact Alison Graham on 0117 314 5304.
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
