Bath Spa Experience (t/a Il Toco d'Italia) v Lamarina - So long as an employment tribunal has applied the correct tests its conclusion as to whether a particular individual is or is not an "employee" is a finding of fact  EAT
Miss Lamarina won her claim that she had been unfairly dismissed from her job as a waitress. In so finding, the employment tribunal had concluded that she was an employee of Bath Spa. Bath Spa appealed that finding, arguing that Miss Lamarina was simply a worker providing services, not its employee. Bath has lost the appeal.