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Little v BMI Chiltern Hospital - Lack of mutuality of obligation meant arrangement was not employment contract [2009] EAT

The EAT has dismissed this appeal by a worker. The only contract he had was to provide freelance services.  There was no employment contract and so no "unfair dismissal".

Under a series of letters written over time Mr Little worked as a "bank theatre porter" for the hospital. He would assist, when required, two portrers who we employed with the hospital but he reserved the right to turn down offers of work and stated his wish to be a self-employed contractor. The letters provided that if he declined a number of assignments the hospital could end the arrangements, and specified that there was no mutuality of obligation. When the hospital dispensed with his services Mr Little claimed unfair dismissal.

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