“…nder the hypothetical contracts, were unlikely to be decisive on their own. Reliance was placed on the decision of this court in O’Kelly v Trusthouse Forte plc [1983] ICR 728, from which the UT drew the conclusion that it would be possible for Ms Adams to be carrying on a business on her account, even if the BBC provided her only ma…”
“…Mr Carr also referred to the decisions of this Court in O’Kelly v Trusthouse Forte plc [1983] ICR 728 and Clifford v Union of Democratic Mineworkers [1991] IRLR 518 concerning issues of employee status traditionally characterised as “mixed fact and law”; but I …”