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Employment status: No global contract between health authority and bank nurse

This report relates to 1 case(s)

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    Clark v Oxfordshire Health Authority [1998] IRLR 125 CA (0 other reports)

In Clark v Oxfordshire Health Authority [1998] IRLR 125, the Court of Appeal holds that no "global" or "umbrella" contract of employment between a health authority and a bank nurse was in existence at any time during the period when she worked for the nurse bank administered by the authority. Some mutuality of obligation is required to found a global contract of employment, and in the present case there was no such mutuality subsisting during the periods when the bank nurse was not occupied in a "single engagement". But the Court remits the case to the industrial tribunal to consider whether or not, at the relevant time, there existed a specific engagement which amounted to a contract of employment.