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The recent House of Lords decision in Carmichael v. National Power plc decided that a casual/zero‐hours worker was self‐employed and thus excluded from most of the basic employment statutory rights. The aims of this article are to note the incidence and characteristics of the casual workforce in the UK and EU; to explore the current legal framework applying to casual workers, including the decision and implications of Carmichael; to note recent and intended legal measures which have particular relevance for casual workers; to evaluate the likely effectiveness of those recent or proposed legal measures; and to consider possible alternative strategies to establish an appropriate framework for casuals.

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