Nethermere (St Neols) Ltd v Taverna

JurisdictionEngland & Wales
Date1983
CourtCourt of Appeal (Civil Division)
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51 cases
  • Sagicor Insurance Company v Carter and Others
    • Barbados
    • High Court (Barbados)
    • Invalid date
  • Synaptek Ltd v Young (Inspector of Taxes)
    • United Kingdom
    • Chancery Division
    • 28 March 2003
    ...Security ELR[1969] 2 QB 173 Montgomery v Johnson Underwood Ltd UNK[2001] IRLR 269 Nethermere (St Neots) Ltd v Taverna and Gardiner UNK[1984] IRLR 240 O'Kelly v Trusthouse Forte plc UNK[1983] IRLR 369 R (on the application of Professional Contractors Group) v IR CommrsTAXTAX[2002] BTC 17 (CA......
  • McMeechan v Secretary of State for Employment
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 11 December 1996
    ...of giving rise to a contract of employment. That was acknowledged by this court in Nethermere (St Neots) Ltd v Gardiner and Taverna [1984] IRLR 240 and accepted by the majority in O'Kelly's case (see Fox LJ at page 122 and Sir John Donaldson MR at page 123). It will be convenient at this po......
  • Quashie v Stringfellows Restaurants
    • United Kingdom
    • Employment Appeal Tribunal
    • Invalid date
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1 firm's commentaries
  • Tax Update: A Round-Up of Recent Tax Issues - Monday 7 February 2011
    • United Kingdom
    • Mondaq United Kingdom
    • 15 February 2011
    ...not require the employer to provide the employee with work in addition to wages: per Stephenson LJ in Nethermere (St Neots) v. Taverna [1984] IRLR 240, at 246. It is only where there is both no obligation to provide work and no obligation to pay the worker for time in which the work is not ......
2 books & journal articles
  • 2. The Statutory Floor of Employment Rights: A Bad Case of Subsidence?
    • United Kingdom
    • Employee Relations No. 9-5, May 1987
    • 1 May 1987
    ...as a possible factor in the equation. The concept was explained by Kerr L.J. in Nethermere (St Neots) Ltd v. Gardiner and Taverna (1984) IRLR 240 as follows: The inescapable requirement concerning the alleged employees, however, is that they must be subject to an obligation to accept and pe......
  • Part‐time Employees: Workers Whose Time has Come?
    • United Kingdom
    • Employee Relations No. 14-2, February 1992
    • 1 February 1992
    ...courts have have held that homeworkers in certain circumstances are employees, as in Nethermere (St Neots) Ltd v. Tavema and Gardiner (1984) IRLR 240, their employment status is often in doubt and many are assumed to be "self-employed" and thereby excluded from employment protections. 8. Lo......

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