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

O’Kelly v Trusthouse Forte Ltd [1983] ICR 728

Country:
United Kingdom
By Oxbridge Law Team
Sir John Donaldso...

  • Some waiters were engaged by a hotel on the zero hours basis (hotel didn’t have to offer work and waiters didn’t have to take it). Two tried to form a union and were sacked.

  • They (Plaintiffs) argued that trade union legislation prevented them from being sacked for organising a union. The legislation only related to employees. Plaintiffs were paid weekly, had their uniforms and equipment provided by hotel, disciplinary procedures were in place, and holiday pay was available.

  • CA held that the waiters were not employees and therefore not entitled to the legislative protection. 

Sir John Donaldson MR

  • They did not, technically, have to turn up to work for a shift, and they could be sacked at any time, so that the contract lacked "mutuality of obligation" and could not be described as one between an "employee" and "employer".

  • He therefore concluded that the waiters were in business on their own account. 

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