Employment Status: Casual Workers Doing Ad Hoc Assignments

Drake v IPSOS MORI UK LTD UKEAT/0604/11

Mr Drake carried out work as an interviewer for IPSOS MORI under a series of ad hoc assignments. When the relationship ended, Mr Drake claimed unfair dismissal on the basis that he was an employee.

The Tribunal found that the relationship between Mr Drake and IPSOS MORI lacked the necessary mutuality of obligation for there to be a contract of employment and rejected his claim.

The EAT disagreed and held that there was sufficient mutuality of obligation for there to be a contract in place when Mr Drake was actually working on each assignment in return for pay. The EAT found that Mr Drake had been obliged to work personally for IPSOS MORI until he returned or completed the assignment or the company withdrew it.

The EAT confirmed that further findings were needed in relation to the level of control IPSOS MORI had over Mr Drake's work and whether the other terms of...