Stable J said: ‘A contract of service implies an obligation to serve, and it comprises some degree of control by the master.’
References: [1941] 1 All ER 522
Judges: Stable J
This case is cited by:
- Cited – Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance QBD 8-Dec-1967
Contracts of service or for services
In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’
Held: The . .
([1968] 2 QB 497, [1968] 1 All ER 433, [1968] 2 WLR 775, , [1967] EWHC QB 3) - Cited – Nethermere (St Neots) Ltd v Taverna and Gardiner CA 1984
The court considered what elements must be present to create a contract of employment.
Held: Stephenson LJ said: ‘There must . . be an irreducible minimum of obligation on each side to create a contract of service.’
Kerr LJ said: ‘The . .
([1984] IRLR 240, [1984] ICR 612) - Cited – Clark v Oxfordshire Health Authority CA 18-Dec-1997
A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.
Sir . .
(Gazette 28-May-98, , [1997] EWCA Civ 3035, [1998] IRLR 125, (1998) 41 BMLR 18) - Cited – Montgomery v Johnson Underwood Ltd CA 9-Mar-2001
A worker who had strictly been employed by an agency but on a long term placement at a customer, claimed to have been unfairly dismissed by the customer when that placement ended.
Held: To see whether she was an employee the tribunal should . .
(Times 16-Mar-01, Gazette 17-May-01, , [2001] EWCA Civ 318, [2001] ICR 819, [2001] IRLR 269, [2001] Emp LR 405)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194293
