Contracts of employment: Casual waiters not employees

An Industrial Tribunal's decision as to whether a contract is a contract of employment can only be overturned on appeal if the Tribunal misdirected itself in law or reached a perverse decision on the facts, the majority of the Court of Appeal concludes in the widely publicised case of O'Kelly and others v Trusthouse Forte Plc 20.7.83 Court of Appeal. The Court unanimously reinstates an Industrial Tribunal's decision that waiters who regularly worked In the banqueting department of the Grosvenor House Hotel were not employees.