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Zero hours care workers found to be employees

David Reid
10th Aug 2012

Recently, the EAT (Employment Appeal Tribunal) found that a group of carers engaged under zero hours contracts were in fact ‘employees’.

 

In reaching its conclusion, the EAT considered that, whilst the contract contained no obligation to provide or accept work, in practice the carers were obliged to personally carry out the work offered. The EAT also rejected the argument that the carers were engaged in a series of discrete contracts, as opposed to a global umbrella one, because the nature of the work ie providing critical care, did not lend itself to such ad hoc arrangements.

 

The full case can be found here (Case name: Pulse Healthcare v Carewatch Care [2012] UKEAT 0123_12_2007).

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