The Employment Appeal Tribunal held in the case Drake v Ipsos Mori UK Limited that a succession of assignments can form a contract of employment if there is sufficient mutuality of obligation and the fact that such an arrangement may be expressed to be terminable at will is irrelevant.
What does this mean?
The term “casual worker” does not have any specific legal meaning. So called casual workers may be classed as employees even if they work on an ad hoc basis and their assignments may be terminated at will.
What should employers do?
Employers who wish to avoid someone who works for them being considered an employee should take specific legal advice in the light of a number of recent cases.