Isherwood & Anor v Yarn Exchange Ltd & Anor

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 1 July 1998 Before

(1) MR P S L ISHERWOOD (2) MRS S M ISHERWOOD APPELLANTS (1) THE YARN EXCHANGE LTD (IN LIQUIDATION) (2) SECRETARY OF STATE FOR TRADE & INDUSTRY RESPONDENTS

MR JUSTICE MORISON (PRESIDENT): The purpose of the hearing in these two cases is to determine whether there is any arguable point of law raised in the Notice of Appeal which Mr and Mrs Isherwood wish to raise against a decision of an Industrial Tribunal Chairman, sitting alone, at Manchester on 14 January 1998.

By his decision, the learned Chairman held that the Isherwoods were not employees of their company. The Tribunal in its decision in paragraph 6, makes specific reference to a passage from the decision of Buchan and Ivey v Secretary of State for Employment [1997] IRLR 80 . That was no doubt partly on the basis of the written submissions filed on behalf of the Secretary of State, which had been before the Industrial Tribunal dated 29 October 1997.

It is to be noted that, so far as we can tell from the papers at this time, those acting on behalf of the Secretary of State did not draw the Industrial Tribunal's attention to a decision involving the Secretary of State called Fleming , which decision was handed down by the Court of Session at the end of July 1997.