| Commentary

(8) Fact and law

| Commentary

(8)     Fact and law

Is the question of whether a contract is a contract of employment one of fact or law? The matter is of particular importance in relation to appeals when frequently (as with the EAT) an appeal may be made on a point of law only. If the question of status is a question of law, it would be enough to persuade the appeal tribunal to reach a different conclusion from that reached by the original tribunal. The appeal tribunal could then substitute its own view. But if the question of status is a question of fact, it would not be enough to persuade the appeal tribunal that the original tribunal reached the 'wrong' conclusion: it would be necessary to demonstrate that the original tribunal misdirected itself in law, or misapplied the law to the facts, or that its

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