The EAT has, this morning, handed down a lengthy analysis of the meaning of the word 'worker'. Although the decision is in the context of the minimum wage legislation, it has ramifications for other areas of employment law.
Elias P. stated that the essential question is:
"...whether the obligation for personal service is the dominant feature of the contractual relationship or not. If it is, then the contract lies in the employment field..." (para 67).
The case also considers issues relating to mutuality of obligation - it is a useful case to read.
James v Redcats
[Thanks to Ed Mallett of Littleton Chambers, junior Counsel for the successful employee, for telling me about this case]
Wednesday, 21 February 2007
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