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Employment status: Casual workers mustbe obliged to work to have contract

This report relates to 1 case(s)

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    Mailway (Southern) Ltd v Willsher [1978] IRLR 322 EAT (0 other reports)

People who work on a casual basis will have difficulty in showing that they have a contract of service unless they prove that they are obliged to work when called upon to do so and in reality have no choice as to when they work. This was made clear recently by the EAT in Mailway (Southern) Ltd v Willsher, where they overturned an Industrial Tribunal's decision that Mrs Willsher, a casual worker, was entitled to claim a guarantee payment when she was laid off.