When does an expectation become an obligation?
by Philip
It’s not often an Employment Tribunal arrives at a majority decision, it’s probably even rarer in the Emplyment Appeal Tribunal.
The case reported here is a rarer than hen’s teeth example of a split EAT decision, and one involving the President.
Whether someone is an employee, worker, self employed or casual is a matter that is in the top tier of important employment law issues du jour.
In a nutshell (without doing the judgment a disservice) a long course of conduct can lead to an obligation (in this case to offer work) even if the contract may say there is no entitlement to be offered work. Another case of what happens in practice being as important as what the contract says.
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