Stephen Wyeth successful in the EAT in employment status case

3rd July 2023

Employment law barrister Stephen Wyeth has successfully represented United Taxis in United Taxis Ltd v (1) Mr R Comolly (2) Mr R Tidman - and - Mr R Tidman v (1) United Taxis Ltd v (2) Mr R Comolly [2023] EAT 93, a case in which the EAT overturned the ET's decision that a taxi driver, Mr Comolly was both a worker of the taxi operator, United Taxis Ltd (Stephen’s client) and an employee of the shareholder.

Following a careful analysis of the facts presented to the EAT, HHJ Auerbach ruled against the initial finding of dual employment, establishing instead that Mr Comolly's relationship to the shareholder was that of a "worker".

Click here to read the full judgment. Look out for Stephen's analysis of this case in our August newsletter.

Stephen was instructed by Frettens LLP.

Stephen Wyeth is a leading junior with a specialist employment law practice, ranked in both independent legal directories Chambers and Partners and the Legal 500. Stephen was appointed a fee paid Employment Judge in 2009. He has significant experience in high-value claims involving discrimination (with an emphasis on the protected characteristic of disability) and is frequently instructed on lengthy multi-day trials.  He is highly knowledgeable in the law relating to public interest disclosure claims and a large part of his practise involves claims of this nature.  He is regularly involved in TUPE cases at tribunals, usually involving multiple respondents.  Stephen is a former part time lecturer in Employment Law at the University of Southampton with an emphasis on Trade Union and Collective Labour law and has acted in an advisory capacity for a major national union.