Younis v Trans Global Projects Ltd and Charnock - Definition of Worker and Employee [2005] EAT

The EAT confirms that "mutuality of obligation" is an essential pre-requisite for counting as a "worker" (under the Working Time Regulations) as well as for counting as an "employee" (under Employment Rights Act 1996 s.230) and that the entire "factual matrix" must be taken into account in deciding whether there is "mutuality of obligation". As Daniel Barnett puts it, the case is "an example of when mutuality of obligation can exist despite no express obligation on the 'employee' to do anything".

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