Contract of Service or Contract of Employment - Research Paper Example In another recent case namely Express and Echo Publications Ltd v. Tanton (1999), the Court of Appeal held that if a person is not required to work personally, he was not an employee. In yet another case of 2001, MacFarlane v Glasgow City Council (2001), the Employment Appeals Tribunal distinguished the above Tanton case. The Glasgow City Council had engaged gymnast trainers at the various centres of the council. If a trainer was unable to take a class, she could substitute herself by another gymnast who was on the approved list of coaches maintained by the council. The substitutes were paid by the council and not the gymnast trainer. In Tanton case, the substitute could be from outside and he was paid by the individual and not the employer. Thus he was not expected to turn up for work and could send a substitute for a lesser price and make a profit out of it. He himself became the master. In an earlier case of Oâ€™Kelly v Trusthouse Forte Plc (1983), regular casuals were held to be not employees since there was no mutuality of obligation and they were only kept as standby. Although the court of Appeal tried to give a finding that they were employees, since they had no business of their own, that the employer had effective control over the casual workers, that there were discipline and grievance procedures, that they should take permission to take off from rostered duties, the fact that they were self-employed, revealed that there was no mutuality of obligation i.e the workers did not have the right to claim work if not offered nor they were under obligation to accept work if offered with work.
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