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Employment status: Casual workers had no "overarching" contract of employment

This report relates to 1 case(s)

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    Stevedoring & Haulage Services Ltd v Fuller [2001] IRLR 627 CA (0 other reports)

Dockers who took voluntary redundancy and then worked on a frequent but casual basis for their former employer for three years were not employed under an "overarching" contract of employment. Rather, they worked under a series of ad hoc temporary contracts, holds the Court of Appeal in Stevedoring & Haulage Services Ltd v Fuller and others 9.5.01. In this case, the framework for those ad hoc contracts was provided by a written "agreement" between the parties, which stated that work was offered and accepted on a casual basis and that there was no obligation on the company to provide work, or on the dockers to accept any work offered. As it was expressly provided that there was no mutuality of obligation, that "agreement" could not amount to a contract of employment, or, indeed, any contract. Mutuality could not, in any event, be implied by conduct, in direct conflict with that express provision.