Bath Spa Experience (t/a Il Toco d'Italia) v Lamarina - Tribunal's conclusion on whether individual is an "employee" is a finding of fact [2008] 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.

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