The claimants were stevedores whose contracts were intermittent. The employer denied that they were employees.
Held: There was no contract while the claimants were not at work. There was no overarching or global contract, and it was not possible to transform a relationship which was not contractual into a contract of service by implying terms into the relationship. It was not possible to imply a contract of employment where the parties had entered into an agreement, the express terms of which were wholly inconsistent with there being such an implied contract.
Judges:
Lord Justice Schiemann, Lord Justice Robert Walker And Lord Justice Tuckey
Citations:
[2001] EWCA Civ 651, [2001] IRLR 627
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Esso Petroleum Company v Jarvis and others Brentvine Limited EAT 14-Nov-2001
The claimants had come to the employer through an agency. The issue now was whether they were the employees of the respondent. The employer said there was no mutuality of obligation, and therefore no contract, and no possible dismissal.
Held: . .
Cited – Cornwall County Council v Prater CA 24-Feb-2006
The claimant worked for the local authority under a series of contracts. The employer denied that she had been continuously employed and there was no ‘irreducible minimum mutual obligation necessary to create a contract of service’. There were times . .
Cited – Cable and Wireless Plc v Muscat CA 9-Mar-2006
The worker was employed via an employment agency. The contract the company had was with the agency, and the agency had the contract with the worker. The worker claimed an implied contract of employment with the end-user.
Held: The end-user . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 31 May 2022; Ref: scu.147536