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Chapter ESM2300

Document Cited in Related
Vincent
Published date07 March 2016
Record NumberESM2300
CourtHM Revenue & Customs

Temporary or casual workers can pose a particular problem in that there can be two aspects to consider.

The first is whether a series of engagements with the same engager constitutes an overarching contract of employment (see ESM2320 onwards). These types of contracts can also commonly be known as continuous or umbrella contracts of employment.

The second is whether the individual engagements themselves are contracts of employment.

This approach has been accepted by the courts in a number of cases

  • Market Investigations Ltd v Minister of Social Security (see ESM7040)
  • Airfix Footwear Ltd v Cope (see ESM7060)
  • Nethermere (St Neots) Ltd v Gardiner and Taverna (see ESM7110)
  • O’Kelly and Others v Trusthouse Forte plc (see ESM7100)
  • Secretary of State for Employment v McMeechan (see ESM7180)
  • Clark v Oxfordshire Health Authority (see ESM7190)
  • Carmichael and Another v National Power plc (see ESM7200).

Where work is offered and accepted occasionally and irregularly there is unlikely to be an overarching contract of employment. Each engagement will likely be a separate contract of employment or a contract for services depending on the other criteria. This point was covered by Slynn J in 1978

“….. if the arrangements between...

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