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had been unable to work on eight occasions. On none of these occasions had
National Power taken any disciplinary action.
The employment tribunal agreed that there was no employment relationship.
Eventually, the Court of Appeal overturned this decision. National Power appealed
against this decision and the House of Lords found in favour of the employer so
the relationship in this case was not one of employer and employee. The basis for
the decision was that the relationship, as described, failed the first stage of the test
of mutuality. National Power had no obligation to provide work, and Mrs Carmichael
and her colleague had no obligation to work even if there was work available. A
decision that seems to contrast with this is that of:
remember that an employee also has a wide list of duties to the employer, and not
everyone might want to be bound by these duties.