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Litigation Letter

‘As Required’ Staff Not Employees

Carmichael and Another v National Power Plc (H of L TLR 23 November)

Staff who were engaged by a company on a casual ‘as required basis’ whereby they were offered and performed work as guides showing visitors round a power plant as and when it arose but were not obliged to take work and were not guaranteed that work would be available, were not employees under contracts of employment and therefore not entitled under s1 (1) of the Employment Protection (Consolidation) Act 1978 to written particulars of their terms of employment.

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