O'Kelly v Trusthouse Forte plc [1983] ICR 728 was a UK labour law case, in which a bare majority held that a requirement for a contract is "mutuality of obligation" between the parties, which was thought to mean an ongoing duty to offer and accept work.
It has been consistently doubted,[1] and its outcome reversed by legislation,[2] and its reasoning superseded by Autoclenz Ltd v Belcher,[3] which states that the only "mutual" obligations that are required is the consideration of work for a quid pro quo.
Sir John Donaldson MR held the waiters were not "employees" (either of the function hall or the agency) because they did not, technically, have to turn up to work for a shift, and they could be sacked at any time.
Sir John Donaldson MR said therefore, that the contract lacked "mutuality" and could not be described as one between an "employee" and "employer".
And so even though the trade union discrimination legislation protected them, they did not have access to the tribunal to make those rights effective.