Identity of employer

Case 4: The facts

A tribunal awarded Derek Knox over £1,000 in unpaid wages, notice and holiday pay. The company, which did not attend the tribunal hearing, appealed on the ground that it was not his employer.

The ruling

The Employment Appeal Tribunal (EAT) rejected the appeal, since Knox’s payslips made it clear that the company was his employer.

It added that a costs order should be made because the appeal was unnecessary, improper and misconceived – but, since the company had also failed to turn up to the appeal hearing, the EAT first had to give it notice of the order so that it could have the opportunity to respond.

Alternative Welding Services Ltd v Knox EATS/0099/04