释义 |
mutuality of obligation The corresponding obligations for an employer to provide work and for the employee to accept it. Mutuality of obligation is often described as the essential core of a contract of employment, together with an implied term of mutual trust and confidence, without which the employment relationship would fail (Montgomery v Johnson Underwood Ltd [2001] EWCA Civ 318). At the heart of this is the irreducible element of personal service, without which an individual would not be regarded as an employee (Carmichael v National Power plc [1999] UKHL 47; Nethermere (St Neots) Limited v Gardiner [1984] ICR 612 (CA); O’Kelly v Trusthouse Forte plc [1983] 1 ICR 728 (CA)). |