Chapter 2 Who is an Employee?

Question 1

Give a case example of mutuality of obligation

Answer 1

Dacas v Brook Street Bureau (UK) Ltd 2004

Facts
Worked as a cleaner for 4 years. Was rude to a customer and dismissed. She claimed unfair dismissal against the agent (Brook Street) and end user (Council).

Court decision

Although the EAT found not employed by Brook Street, CA held no mutuality of obligation so couldn’t claim unfair dismissal.

Question 2

Give a case example of a casual worker - mutuality of obligation

Answer 2

Carmichael v National Power plc 1999

Facts
Tour guide showed members round Blythe. Complained hadn’t received s1 written statement. Sometimes they would be called but said unavailable to work.

Court decision
No mutuality of obligation

Question 3

Give a case example of special cases - casual worker - implied contract - agency worker

Answer 3

James v London Borough of Greenwich 2008

Facts
Ms James worked as a Housing Support Worker for the council through temporary worker agreement. Council replaced her. She claimed unfair dismissal.

Court decision
Held no claim for unfair dismissal. Court cannot imply contract between agency worker and end user.

CA approved of EAT guidance:
1. consistent with whom?
2. no need imply if express same as nature.
3. Time doesn’t automatically entitle.
4. Court has scope to imply in sham contracts.za

Question 4

Give a case example of multiple/economic reality test

Answer 4

Ready Mixed Concrete Ltd v Minister of Pensions (1968)

Question 5

Give a case example of economic realities

Answer 5

Pimlico Plumbers Ltd v Smith (2018)

Question 6

Give a case example of ability to delegate duties generally suggesting the individual is not an employee

Answer 6

MacFarlane and Another v Glasgow City Council (2001)

Question 7

Give a case example of zero hour contractors held to be employees based on the reality of their working lives

Answer 7

Pulse Healthcare Ltd v Carewatch Care Services Ltd and Others (2012)

Question 8

Give a case example of where a contract label will only be a deciding point where other factors o f equal weight

Answer 8

Young & Woods Ltd v West (1980)

Question 9

where there is disparity between express contractual provisions and the reality of an individual’s working life, the latter should take precedence

Answer 9

Consistent Group Ltd v Kalwak (2007)

Question 10

Give a recent case example of Economic Reality/Multiple tests - workers

Answer 10

Uber BV and others v Aslam and others