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Nethermere (St Neots) Ltd v Gardiner
''Nethermere (St Neots) Ltd v Gardiner And Another'' () ICR 612 is a British labour law case in the Court of Appeal in the field of home work and vulnerable workers. Many labour and employment rights, such as unfair dismissal,〔s 94 of the Employment Rights Act 1996〕 in Britain depend on one's status as an "employee" rather than being "self-employed", or some other "worker". This case stands for the proposition that where "mutuality of obligation" between employers and casual or temporary workers exists to offer work and accept it, the court will find that the applicant has a "contract of employment" and is therefore an employee.
This case is also notable in that it was one of former UK Prime Minister Tony Blair's last cases as a young barrister. He acted for the employers. He appeared in the Employment Appeal Tribunal on behalf of the employer but his arguments to deny the ladies unfair dismissal rights were emphatically rejected in the judgment. The employers also lost in the Court of Appeal.
==Facts==
The applicants (Mrs Taverna and Mrs Gardiner) sewed trouser flaps part-time in the factory of Nethermere Ltd. At different times they became pregnant and had an arrangement to work from home. Each worked 5 to 7 hours a day, and for all but 8 or 12 weeks a year. They used sewing machines provided by Nethermere Ltd. Their hours varied according to the employer's needs, they were paid according to the quantity of trouser flaps they made and they were not formally obliged to accept work. There was a dispute about an entitlement to holiday pay, and when the employer refused to give them the entitlement, they claimed they had been unfairly and constructively dismissed. So the preliminary question on appeal was whether the ladies were "employees" under a "contract of employment" and therefore entitled to unfair dismissal rights under s 153 of the Employment Protection (Consolidation) Act 1978 (now s 94 Employment Rights Act 1996).
The Industrial tribunal held that there was a contract of employment, applying the test of whether the ladies could be said to be in business "on their own account". The Employment Appeal Tribunal dismissed the employer's appeal on this point, finding in favour of the ladies. The employer appealed again.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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