High Court Judgement for tutors and exams

High Court Judgement for tutors and exams

The Exam House GCSE and A level Exam Centre while also being associated with both Tutors and Exams. Following a recent ruling whereby the High Court passed judgement on the tutoring industry. The ruling is below and attached here.

The Exam House will look through it carefully to try and understand the ruling.

IN THE HIGH COURT OF JUSTICE Case Ref: CO/3627/2019  QUEEN’S BENCH DIVISION 

IN THE MATTER OF THE JUDICIAL REVIEW 

BETWEEN 

SIMPLY LEARNING TUITION AGENCY LTD (1) 

MINERVA TUTORS LTD (2) 

TUTORFAIR LTD (3) 

ATHENA TUITION LTD (4) 

THINK TUTORS LIMITED (5) 

BONAS MACFARLANE TUITION LTD (6) 

BYT TUITION LTD (7) 

THE PROFS TUITION LIMITED (8) 

BLYTHE HALL LTD. T/A LIONHEART EDUCATION (9) 

(Collectively the “TUTOR INTRODUCING COMPANIES”) 

Claimants  

SECRETARY OF STATE FOR THE DEPARTMENT FOR 

BUSINESS, ENERGY AND INDUSTRIAL STRATEGY 

Defendant  

ORDER 

UPON hearing Tarlochan Lall for the claimants and Esther Schutzer-Weissmann for the  defendant  

AND UPON reading post-hearing submissions from the claimants, the defendant, and the claimant’s reply on the issues of the form of the declaration, costs and permission to appeal. 

IT IS DECLARED that: 

1. The definition of “employment” in s13(1) Employment Agencies Act 1973 (“EAA”) in and  for the purposes of the EAA includes in its application work provided by natural or legal 

persons who provide services including tutoring services on a self-employed basis as an  independent contractor. The meanings assigned to “employment agency” and  “employment business” in and for the purposes of the EAA shall be construed accordingly. 

AND IT IS ORDERED that: 

2. The claimants are liable for two thirds of the costs of the defendant to be assessed if not  agreed.  

3. The claimants’ application for permission to appeal is refused. 

Helen Mountfield QC (sitting as a Deputy High Court Judge) 

26 August 2020