Contract of Service in UK Law

Leading Cases
  • Gunton v Richmond-upon-Thames London Borough Council
    • Court of Appeal (Civil Division)
    • 03 Julio 1980

    If the only real redress is damages, how can its measure or scope be affected according to whether the contract is regarded as still subsisting or as at an end? To preserve the bare contractual relationship is an empty formality. The difference is fundamental, for there is no legal substitute for voluntary performance.

  • Lister v Romford Ice and Cold Storage Company Ltd
    • House of Lords
    • 20 Diciembre 1956

    Since in any event the duty in question is one which exists by imputation or implication of law and not by virtue of any express negotiation between the parties, I should be inclined to say that there is no real disinction between the two possible sources of obligation.

  • Todd v Adams
    • Court of Appeal (Civil Division)
    • 18 Abril 2002

    In the present case, therefore, I consider that (a) it is for us if necessary to make up our own mind about the correctness or otherwise of any findings of primary fact or inferences from primary fact that the judge made or drew and the claimants challenge, while (b) reminding ourselves that, so far as the appeal raises issues of judgment on unchallenged primary findings and inferences, this court ought not to interfere unless it is satisfied that the judge's conclusion lay outside the bounds within which reasonable disagreement is possible.

  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Diciembre 1931

    There are certain contracts expressed by the law to be contracts of the utmost good faith where material facts must be disclosed; if not the contract is voidable. Apart from special fiduciary relationships contracts for partnership and contracts of insurance are the leading instances. In such cases the duty does not arise out of contract; the duty of a person proposing an insurance arises before a contract is made; so of an intending partner.

  • Laws v London Chronicle (Indicator Newspapers) Ltd
    • Court of Appeal
    • 22 Abril 1959

    To my mind, the proper conclusion to be drawn from the passages I have cited and the cases to which we have been referred is that, since a contract of service is but an example of contracts in general, so that the general law of contract will be applicable, it follows that the question must be - if summary dismissal is claimed to be justifiable - whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of service.

  • Express & Echo Publications Ltd v Tanton
    • Court of Appeal (Civil Division)
    • 11 Marzo 1999

    Of course, it is important that the Industrial Tribunal should be alert in this area of the law to look at the reality of any obligations. If there is a term that is inherently inconsistent with the existence of a contract of employment, what actually happened from time to time may not be decisive, given the existence of that term.

  • Nethermere (St. Neots) Ltd v Gardiner
    • Court of Appeal (Civil Division)
    • 03 Mayo 1984

    There must, in my judgment, be an irreducible minimum of obligation on each side to create a contract of services. I doubt if it can be reduced any lower than in the sentences I have just quoted and I have doubted whether even that minimum can be discerned to be present in the facts as found by the industrial tribunal, particularly in paragraph 8 of its decision, and what the appeal tribunal said about it and counsel's interpretation of it. Mr. Justice Tudor Evans said:

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  • The Fostering Services (England) Regulations 2011
    • UK Non-devolved
    • 1 de Enero de 2011
    ... ... a panel constituted in accordance with regulation 23;“fostering service” means—(i) a fostering agency, or(ii) a local authority fostering ... a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a ... ...
  • Conspiracy, and Protection of Property Act 1875
    • UK Non-devolved
    • 1 de Enero de 1875
    ... ... S-4 ... Breach of contract by persons employed in supply of gas or water. 4 Breach of contract by ... , with gas or water, wilfully and maliciously breaks a contract of service with that authority or company or contractor, knowing or having reasonable ... ...
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... 6(1) does not authorise a person serving in an intelligence service to disclose information to the Director or a relevant staff member.But ... (1) to a person working is to that person working—(a) under a contract of employment,(b) under a contract of apprenticeship,(c) under a contract ... ...
  • Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016
    • Scotland
    • 1 de Enero de 2016
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Books & Journal Articles
  • Agency Workers, Employment Rights and the Ebb and Flow of Freedom of Contract
    • No. 72-1, January 2009
    • The Modern Law Review
    This note discusses two Court of Appeal cases relating to the employment status of temporary agency workers, James v London Borough of Greenwich and Consistent Group v Kalwak. In James the Court co...
    ... ... , James v L ondo n Boroughof Greenwich and Consi stent Group v Kalwak .I n James the Court considered the test for implying a contract of service between temp and end user, and in Kalwak the Court examined the use of ‘sham ’ to set aside contractual do cuments between the parties. The ... ...
  • The Employee Shareholder
    • No. 22-1, February 2015
    • Maastricht Journal of European and Comparative Law
    The aim of this paper is to discuss and analyse the impact of the new category of the employee shareholder within the context of the traditional theory of the contract of service and contract for s...
    ... ... shareholder within th e context of the traditional theory of the contract of serv ice and contract for services. A c ommentary on the provisions of ... IN T ROD UC TI ON In modern times, t he contract of service i s the contractua l framework ‘governing’ the interaction between ... ...
  • Adaptive service e-contract information management reference architecture
    • No. 47-3, August 2017
    • VINE
    • 395-410
    Purpose: The aim of this paper is to report on the adaptive e-contract information management reference architecture using the systematic literature review (SLR) method. Enterprises need to effect...
  • Improving Understanding And Recall Of The Probation Service Contract
    • No. 46-4, December 1999
    • Probation Journal
    Achieving greater compliance with community sentences and licences is an important Probation Service priority. Leigh Morris and Jonathan Mason use IQ test evidence to argue that supervision contrac...
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Law Firm Commentaries
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