Michael Paulin appeared for the successful Respondent, the Oxfordshire Taxi Company Ltd (trading as “001 taxis”) in Fadlalla v Oxfordshire Taxi Company Ltd.
The Claimant initially applied for interim relief on the basis that he had in reality been an employee who was unfairly dismissed on the grounds of union membership. In a judgment on 8 March 2018, Employment Judge Lewis (sitting at Reading Employment Tribunal) held that the Claimant was not an employee and dismissed the Claimant’s claims for unfair dismissal and breach of contract. The Claimant’s application for costs was also refused. At a later case management hearing, Employment Judge Lewis declined the Respondent’s application that, in light of the wide-ranging findings of fact that he had already made, the remainder of the case as to whether the Claimant was a ‘limb b’ worker ought to be reserved to him.
Judgment by Judge Lewis available here
The question as to whether the Claimant was a worker within the meaning of s.230(3)(b) ERA 1996 was subsequently determined by Employment Judge Manley, sitting at Watford Employment Tribunal, by a judgment dated 13 June 2019.
Employment Judge Manley accepted the Respondent’s submission that the doctrine of issue estoppel applied, since Employment Judge Lewis’s previous decision had already determined the question of personal service in the Respondent’s favour, and therefore the issue could not be revisited anew as the Claimant contended. In any case, and having heard evidence, EJ Manley accepted the Respondent’s submission that the Claimant could not have been a limb b worker.
Judgment by Judge Manley available here.