LIST OF CASES / Montgomery v Johnson Underwood Ltd 2001

[2001], EWCA Civ 318, ICR 819, CA, (also reported at [2001] IRLR 269).

NOTES

Montgomery v Johnson Underwood Ltd, [2001] EWCA Civ 318, on 9th March 2001 reported at [2001] ICR 819, CA (also reported at [2001] IRLR 269 and at Times Law Reports 16th March 2001).

The full judgment is available free of charge on the Court Service/Court of Appeal website

Representation:-

Charles Samek instructed by Eyton Morris Winfield for Mrs Montgomery, the Appellant)

Ramby de Mello instructed by Murria Solicitors for Johnson Underwood Ltd the Respondent.

Authority for the proposition that:-

in deciding whether a person is technically "an employee" for the purposes of the unfair dismissal legislation the traditional tests of control and of mutuality of obligation are still "basic and essential" and an "irreducible minimum" for a finding that a contract of employment exists.

For relevant general notes see Employee/employee or self-employed? and Employment Agencies (especially notes at Employment Agencies/2003 regulations ).

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prepared March2001.