Hagag v. Mayfair Inter Continental Hotel, Court of Appeal - United Kingdom Employment Appeal Tribunal, April 23, 1999, [1999] UKEAT 103_99_2304

Resolution Date:April 23, 1999
Issuing Organization:United Kingdom Employment Appeal Tribunal
Actores:Hagag v. Mayfair Inter Continental Hotel
 
FREE EXCERPT

Copyright 1999

Appeal No. EAT/103/99

EMPLOYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 23 April 1999

Before

HIS HONOUR JUDGE H J BYRT QC

MR P DAWSON OBE

PROFESSOR P D WICKENS OBE

MR G HAGAG APPELLANT

THE MAYFAIR INTER CONTINENTAL HOTEL RESPONDENT

Transcript of Proceedings

PRELIMINARY HEARING

Revised

EAT/103/99

APPEARANCES

EAT/103/99

- 1 -

HIS HONOUR JUDGE BYRT QC: This is a preliminary hearing in an appeal against a decision promulgated on 21 September 1998 of an Employment Tribunal sitting in London (North) whereby they held that the Applicant, Mr Hagag, was not entitled to claim for unfair dismissal, holiday or sick pay. He was not so entitled because they found that there was no relationship of an employer/employee existing between him and the Respondents. Mr Hagag appeals that decision.

The facts so far as relevant to this case are that Mr Hagag began working for the Respondent from time to time in September of 1997 as a banqueting waiter. The amount of work he got depended upon the number of functions per week being held by the Hotel. He was called in when he was wanted by the hotel and it was then up to him to decide whether he wanted to accept the work being offered by the hotel. The system was that the hotel would, on a Friday, map out what worker requirements they wanted for the following week and that would depend upon the amount of bookings they had for dinners and similar functions. That same day, the people who they had on their books as casual workers would ring in to find out whether they were wanted the next week and if so on what dates. Then of course it was entirely up to the casual workers to see whether...

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