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Wilson v Circular Distributors Ltd - Definition of Employee [2005] EAT

An ET chairman wrongly decided that Mr Wilson was not an "employee" and therefore he could not present a claim for unfair dismissal. The EAT overrules this error. It was made because the ET chairman wrongly thought that because the employer was not under any obligation to offer work to Mr Wilson "there is no mutuality of obligation such as would be required to constitute a contract of employment". The ET chairman failed to take into account that Mr Wilson was bound to undertake work if it was offered to him.

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