Mutuality of Obligation Revisited

by Philip

 The EAT in a recent Download Case.doc reminds readers that in order for someone not to be an employee there has to be an absence of mutuality of obligation. The stress was on the mutuality, ie not only must the Company not be under any obligation to provide work, the worker must not be under any obligation to accept any work that is offered. If there is an absence of mutuality of obligation then there will be no contract of employment. Not an earth shattering decision but a timely reminder of the relevant test.

This entry was posted on Wednesday, November 8th, 2006 at 9:43 am and is filed under Who is an Employee?. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

Similar Posts:

• Mind the gap!
• When does an expectation become an obligation?
• Tribunals, Courts and Enforcement Act 2007
• Implied contracts take a knock
• Suitable alternative employment