[1999] ICR 1226, House of Lords on 18th November 1999 (also reported at [2000] IRLR 43 and at TLR 23rd November 1999)
NOTES

  • Carmichael and anor v National Power plc [1999] UKHL 47 reported at [1999] ICR 1226, House of Lords on 18th November 1999 (also reported at [2000] IRLR 43 and at TLR 23rd November 1999).
  • The full text of the judgment is available free of charge on the BAILII web site.

    Representation:-

  • David Pannick Q.C. and Sean Wilkin for National Power plc
  • Brian Langstaff Q.C. and Tess Gill for Mrs Carmichael and Mrs Leese.
    Authority for the propositions that

    1. there is no continuous contract of employment in existence if a worker who is employed on a series of intermittent short contracts is not obliged to accept work and the "employer" is not obliged to provide it.
    2. the rule that construction of documents is a question of law (which can be appealed) rather than a question of fact (which cannot be appealed) was developed as a pragmatic rule in medieval times when juries were illiterate and should now be applied restrictively.
    3. an obligation on an employer to provide work if it is available and an obligation on the employee to undertake it if he is able constitute the "irreducible minimum obligation necessary to create a contract of service", commonly referred to as "mutuality of obligations".

    For relevant general notes see Employee/employee or self-employed? and Appeals/fact or law?


    FINISH>
    prepared Dec99.