Furthermore, the director's contract of service will usually entitle him to compensation if he is removed, and may often include a generous " golden parachute " which also acts as a deterrent to removal.
32.
This is not a contract of service, even though the builder may be obliged to use his own labour only and to accept a high degree of control : it is a building contract.
33.
The Employment Tribunal held that Mrs James did not have the requisite mutuality of obligation to support a contract existing between her and the local council, and a contract of service could not be implied.
34.
This is not a contract of service, even though the carrier may be obliged to drive the vehicle himself and to accept the other's control over his performance : it is a contract of carriage.
35.
In the result, although there are factors which can validly be taken into account ( for example, the provision of equipment ), the inference which should be drawn is that this was not a contract of service.
36.
If the provisions of the contract as a whole are inconsistent with its being a contract of service, it will be some other kind of contract, and the person doing the work will not be a servant.
37.
He rightly stresses the domestic nature of this particular contract of service, and says that, the plaintiff being engaged in a family setting, obscene language of the kind admittedly used by him could not possibly be tolerated.
38.
The third and negative condition is for my purpose the important one, and I shall try with the help of five examples to explain what I mean by provisions inconsistent with the nature of a contract of service.
39.
In submitting to us that mutual obligations are a crucial pre-requisite of a contract of service, Mr Blair contends that the reason for such a pre-condition is that a contract of service is a continuing relationship between employer and employee.
40.
In submitting to us that mutual obligations are a crucial pre-requisite of a contract of service, Mr Blair contends that the reason for such a pre-condition is that a contract of service is a continuing relationship between employer and employee.
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