EAT Contract of Employment – The Claimant was a telephone interviewer who worked on an ad hoc basis between 7 and 43 hours almost every week. The Employment Judge made an express finding having heard evidence that the Claimant was not obliged to work any week when she did not want to and the employer was not obliged to offer her work. On that finding of fact her appeal against the conclusion that she was not an employee could not succeed. An alternative case (not advanced before the EJ) that she was an employee when working on specific assignments and that she had sufficient continuity under section 108 ERA was not a viable way of putting the claim since it was not the termination of any particular assignment that she was complaining of but the termination of the umbrella arrangement, which was not a contract of employment.
[2014] UKEAT 0116 – 13 – 2002
Bailii
England and Wales
Employment
Updated: 03 December 2021; Ref: scu.525184