Law > Class Notes > Employment Law-Revision notes-BPP University 2022 (All)
Employment Law-Revision notes-BPP University 2022
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MUTUALITY OF OBLIGATION TEST • Obligation of the company to provide work and the individual to perform it. • Usually not an employee if entitled to send a substitute (Ready Mixed Concrete). • ... Limited power to appoint a substitute (or delegate) is not inconsistent with the existence of a contract of employment: ➢ Is the right to delegate fettered in any way? ➢ Is the substitution clause really intended to be used? ➢ Even if it is intended to be used, is it ever used? Autoclenz Ltd v Belcher: the reality of the situation, rather than the contract, was paramount: “what is the true agreement between the parties?” Express & Echo Publications v Tanton: sent 3rd party replacement to provide services. Held not to be an employee as there was no requirement for personal service. McFarlane v Glasgow City Council: gymnastics instructor could arrange for a replacement from a register maintained by the council if unable to attend. Deemed to still be a contract of employment because: ❖ Claimant had to be unable to attend CONTINUED.... [Show More]
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