In Knight v Fairway & Kenwood Car Service the EAT held that a cab driver who could work as and when he pleased could not be classed an employee as there was no mutuality of obligation between the parties to provide work and carry out work. The written terms did not require a minimum or reasonable amount of work and there was no scope for inferring such an obligation from the fact that the Claimant in fact worked 7 days a week. This meant that there was no jurisdiction to hear a claim for wrongful dismissal.
No mutuality of obligation precluded employee status
Article by: Viola Lloyd |