Mutuality of Obligation in UK Law
-
Status symbols: in which situations can a long-term agency worker be considered an employee? The legislation might seem clear on the matter, writes Sue Nickson, but of course it's not so simple in reality.
... ... Two elements that are definitely relevant are "control" and "mutuality of obligation". Recent cases have shown how these remain central to the ... ...
-
The Holiday Pay Saga Continues: Flowers and others v East of England Ambulance Trust
... ... , the overtime was purely voluntary and so no contractual obligation attached to it. Nevertheless, the question was whether the central theme ... continuity shares some affinities with the central concept of “mutuality of obligation” for the establishment of a contract of employment and ... ...
-
2. The Statutory Floor of Employment Rights: A Bad Case of Subsidence?
As we have indicated in the introductory section, the employment protection legislation was drafted principally with full‐time, permanent employees — so called “core workers”— in mind. The legislat...... ... workers" has seen an emphasis placed on the concept of mutuality of obligation as a possible factor in the equation. The concept was ... ...
-
Unmanageable Work, (Un)liveable Lives
This article draws from interview material with sex worker rights activists in London, and sex work scholarship, to explore the demand for labour rights for sex workers and erotic dancers. I argue ...... ... question of control, but whether there was sufficient mutuality of obligation between ... ...
-
A Purposive Approach to Employment Protection or a Missed Opportunity?
This note discusses how far the Supreme Court judgment in Autoclenz Ltd v Belcher and others provides grounds for a purposive interpretation of the contract of employment for employment protection ...... ... ms but also included both a ‘no ob ligations’ clause (no obligation to offer w ork on the part of the company and no obligation on the part of ... The first clause would defeat requirements for mutuality of ob ligation. 8 The second clause would defeat requirements‘to carry ... ...
-
The Mutuality of Obligations Doctrine and Termination of the Employment Contract: McNeill v Aberdeen City Council (No 2)
... ... he “did not consider that … any material breach by one party to a contract necessarily disentitles him from enforcing any and every obligation due by the other party” ought to be treated with some caution ... The “substantive obligations” were described as the employer's obligation ... ...
-
Jeremias Prassl, The Concept of the Employer, Oxford: Oxford University Press, 2015, xxvii + 231 pp, hb, £60.00.
... ... to establish that he/she is an employee o wing to a lack of mutuality of obligation or exclusive personal service – the individual falls ... ...
-
Mutuality of Obligations and the Contract of Employment: Carmichael and Another v National Power plc
... ... This has been described as a second level of obligation, beyond the exchange of work for remuneration: ‘the promises to employ and be employed’. 5 Deakin and Morris have described this test as ‘an ... ...
-
Casual workers: still marginal after all these years?
The recent House of Lords decision in Carmichael v. National Power plc decided that a casual/zero‐hours worker was self‐employed and thus excluded from most of the basic employment statutory rights...... ... held that a ``casual as required'' contracthad the requisite mutuality of obligations between the parties to be regarded asan umbrella contract ... to provideand perform work, the example he gave ± the obligation to accept work, on theone hand, and the obligation, on the other hand, to ... ...
-
Core and Contingent Work in the European Union. A Comparative Analysis
... ... mutuality of obligation’ ... one of the criteria to ascertain employment ... ...
See all results