Cornwall County Council v Prater

Cornwall County Council v Prater

The existence of mutual obligations within each individual teaching contract between Mrs Prater and the Council was sufficient to constitute a contract of service. Section 212 of the Employment Rights Act 1996 applied to bridge the gaps between contracts, resulting in continuity of employment. There was no requirement for an overarching mutuality of obligation beyond each individual contract.

Parties
Appellant: Cornwall County Council; Respondent: Mrs Margaret Prater
Jurisdiction
England and Wales
Judgment Date
24 February 2006
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Contract of Service, Mutuality of Obligation, Continuity of Employment, Casual Workers, Employment Rights Act 1996
Employment Law Contract of Service Mutuality of Obligation Continuity of Employment Casual Workers Employment Rights Act 1996

Case Brief

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Parties

Cornwall County Council

Appellant

Mrs Margaret Prater

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether a succession of individual teaching contracts constituted contracts of service for the purposes of the Employment Rights Act 1996
  2. 2 Whether the continuity provisions of section 212 of the Employment Rights Act 1996 applied to bridge gaps between contracts
  3. 3 Whether mutuality of obligation existed within each individual contract

Ratio Decidendi

The existence of mutual obligations within each individual teaching contract between Mrs Prater and the Council was sufficient to constitute a contract of service. Section 212 of the Employment Rights Act 1996 applied to bridge the gaps between contracts, resulting in continuity of employment. There was no requirement for an overarching mutuality of obligation beyond each individual contract.

Court Disposition

appeal dismissed

Orders

  • Declaration that Mrs Prater was an employee of the Council from 1 April 1988 down to the present day.