Was the applicant an employee?

Franks v Reuters Ltd and another (CA TLR 23 April)

The applicant had been supplied to Reuters Ltd by an employment agency, initially on a temporary placement and thereafter on a permanent full-time basis until, after six years, he was told by Reuters that his services were no longer required. Reuters contended that the applicant was not an employee because there was no mutuality of obligation, since at any time the applicant could have said he no longer wished to work for them and have requested the employment agency to assign him to another post. The employment tribunal was wrong to have accepted without considering all the relevant evidence, including what was said or done as well as any relevant documents, whether there was such an implied contract of service between the parties. Accordingly, the appeal was allowed and the matter remitted for rehearing by a fresh tribunal.