United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellants	MR V FLYNN (of Counsel) Messrs Charles Russell Solicitors 8-10 Fetter lane London EC4A 1RS


 


JUDGE PETER CLARK: This appeal raises an important question on the proper construction of s. 7 of the Race Relations Act 1976 (contract workers).

1. The applicant, Miss Taylor was employed by Alchemy as a cleaner. She worked at an office block, Broad Quay House, Bristol. That block was owned by Standard Life (the Landlord). These appellants, Arthur Anderson and Mr Carr, a partner in that firm, occupied the second floor of the building. Arthur Anderson were tenants of the Landlord. King Sturge were the managing agents for the block appointed by the Landlords. King Sturge entered into a contract with first Kleen-e-Quip Ltd and then Alchemy to clean the common parts of the building.
2. The question is whether Alchemy supplied the applicant to do work for Arthur Anderson under a contract made with them.
3. The Employment Tribunal sitting at Bristol answered that question in the affirmative and permitted the applicant's claim to proceed against these appellants.
4. The appellants contend that there was no contract made between Arthur Anderson and Alchemy and accordingly they cannot be liable to the applicant under and by virtue of s.7 of the Act.
5. We are satisfied that the appeal raises arguable questions of law as formulated in the Notice of Appeal and we shall direct that the case proceed to a full appeal hearing.
6. We further direct that that hearing should be listed for three hours, Category A. There will be exchange of skeleton arguments between the parties not less than 14 days before the date fixed for the full appeal hearing. Copies of those skeleton arguments to be lodged at the same time with this tribunal. There are no further directions.