Clark v Oxfordshire Health Authority [1997] EWCA Civ 3035 (18th December, 1997)

Clark v Oxfordshire Health Authority [1997] EWCA Civ 3035 (18th December, 1997)

No global contract of employment existed between the applicant and the Authority due to the absence of mutuality of obligation; the Employment Appeal Tribunal erred in law in finding otherwise. The matter is remitted to the Industrial Tribunal to consider whether a contract of employment existed in relation to any...

Source-derived case information.

Citation
[1997] EWCA Civ 3035
Parties
Applicant/respondent: Afaghieh Maria Clark; Respondent/appellant: Oxfordshire Health Authority
Jurisdiction
England and Wales
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Contract of Employment, Mutuality of Obligation, Unfair Dismissal, Employment Status, Remittal to Tribunal
Employment Law Labour Law Civil Procedure Contract of Employment Mutuality of Obligation Unfair Dismissal Employment Status Remittal to Tribunal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Afaghieh Maria Clark

Applicant/respondent

Oxfordshire Health Authority

Respondent/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a 'global' contract of employment existed between the applicant and the Authority
  2. 2 Whether mutuality of obligation existed to constitute a contract of employment
  3. 3 Whether the Employment Appeal Tribunal was entitled to overturn the Industrial Tribunal's decision

Ratio Decidendi

No global contract of employment existed between the applicant and the Authority due to the absence of mutuality of obligation; the Employment Appeal Tribunal erred in law in finding otherwise. The matter is remitted to the Industrial Tribunal to consider whether a contract of employment existed in relation to any specific engagement and other relevant issues.

Court Disposition

Appeal allowed

Orders

  • Declaration that no global contract of employment existed between January 1991 and 27 January 1994
  • Matter remitted to the Industrial Tribunal to consider other issues relevant to the unfair dismissal claim