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Documents not seen by the claimant carry little weight when determining identity of employer (Clark v Harney Westwood & Riegels)

Published on: 12 January 2021
Published by: LexisPSL
  • Documents not seen by the claimant carry little weight when determining identity of employer (Clark v Harney Westwood & Riegels)
  • What are the practical implications of this decision?
  • What is the background?
  • Relevant law
  • Background facts
  • Decision of employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: Documents created separately from the written employment contract, without the employee's knowledge and which purport to show that a person other than the person named on the employment contract is the employer (eg work permits naming another entity as the employer) should be viewed with caution when determining the identity of the actual employer, as doing otherwise would seriously undermine the written agreement entered into by the parties. Further, the Early Conciliation (EC) requirement applies to relevant proceedings even where the underlying claim (eg for breach of contract) is based on foreign law, according to the EAT. or take a trial to read the full analysis.

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