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Law Cases
Labour Law Cases
The composition of the workforce in fact and law Cases

Carmichael v National Power [1999] ICR 1226

Country:
United Kingdom
By Oxbridge Law Team
Lord Irvine

  • Plaintiffs worked as tour guides under a zero hours arrangement. They were paid only for the hours they worked, and tax and national insurance contributions were deducted, and their contracts described them as ‘casual’ workers.

  • HL said they were not employees (and hence couldn’t require terms of contract under s.1 ERA 1996) because there wasn’t sufficient mutuality of obligation. 

Lord Irvine

  • To find a contract of service there had to be an ‘irreducible minimum of mutuality of obligation necessary to create a contract of service’ which wasn’t present here:

    • The documents contained no provisions governing when, how, or with what frequency guide work would be offered;

    • There were no provisions for notice of termination on either side;

    • The sickness, holiday and pension arrangements for regular staff did not apply;

    • Nor did the grievance and disciplinary procedures.

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