Contracts of employment
Introductory guidance to the ‘contract of service’, the written statement of particulars, and varying the contractual terms
Selected cases covering disputes on the types of employment contract that people are employed under
Here we list a selection of key cases, reported since 2010, on issues arising from the type of contract employees work under, providing a summary of the decision and implications for employers.
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(unreported, UKEAT/0123/12 6 August 2012, EAT)
Issue: Zero hours contracts
Six care workers provided 24 hour care for a woman with severe physical difficulties. Initially they worked for Carewatch, then the care contract transferred to Pulse Healthcare, thereby raising the issue of a TUPE transfer. All employees were then dismissed by Pulse Healthcare. Both companies said the that the claimants were not employees since there was no mutuality of obligation, or alternatively they did not have sufficient continuity of employment to claim unfair dismissal.
The Employment Appeal Tribunal agreed that Tupe applied and that the claimants were employees under a global contract. The documents provided to the claimants by Carewatch did not reflect the full agreement between the parties. The reality was that, whilst the contract on paper was for ‘zero hours’, the carers had for a number of years been working a fixed working pattern. All employees had the requisite continuity of employment. The fact that the claimants were obliged to carry out the work offered to them and Carewatch undertook to offer work and that the claimants had to personally do the work and could not provide a substitute to do so, were indicative of the true nature of the employment contract.
Please note: While every care has been taken in compiling these notes, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.
Introductory guidance to the ‘contract of service’, the written statement of particulars, and varying the contractual terms
Frequently asked questions on the legal issues relating to an employee’s terms and conditions of employment
Selected cases covering disputes on the types of employment contract that people are employed under
Survey evidence on how and why employers use zero-hours and short-hours contracts, and employees' characteristics, attitudes and preferences when it comes to these types of contract