Hafal Ltd v Lane-Angell UKEAT/0107/17/JOJ

Appeal against a ruling that the Claimant was an employee of the Respondent. Appeal allowed.

The engagement of the Claimant was described as being on a "bank basis" with no guaranteed hours of work. The main issue before the Tribunal was whether the nature of the engagement was such that there was sufficient or any "mutuality of obligation" to create a contract of employment. The ET concluded that there was an overarching contract so as to give rise to an employment contract. The Respondent appealed.

The EAT allowed the appeal. The terms of appointment, which were not properly taken into account, provided that there was no obligation to provide or accept work, and the other features of the relationship were not inconsistent with those terms. Accordingly, the Claimant was not an employee of the Respondent.


Published: 25/06/2018 09:11

Sign up for free email alerts

Email address
First name
Last name
Receive daily
Receive weekly
I agree to this site's terms and conditions