Employment Status: Keeping it casual

Howard Kennedy | Employment Law Journal | October 2012 #134
Susie Al-Qassab considers the consequences of three recent decisions in the EAT on the mutuality of obligation test The fact that the claimants worked rostered hours to which they could object if they posed them a problem, did not preclude mutuality of obligation. To establish employee status and enjoy the rights and protections only available …

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Employment Status: Are contract terms worth the paper they’re written on?

Baker McKenzie LLP | Employment Law Journal | October 2011 #124
Stephen Ratcliffe and Colin Leckey examine the impact of a recent Supreme Court decision about when courts and tribunals should disregard express written contractual terms ‘The Supreme Court’s decision provides welcome clarification of the circumstances in which an employment relationship may arise even where this contradicts express written terms.’ The Supreme Court in Autoclenz Ltd …

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