Stephenson LJ decided ( at 623 ) " There must, in my judgment, be an irreducible minimum of obligation on each side to create a contract of service . " And what he meant by this was an exchange of wages for work and sufficient control to make establish the employee-employer relationship.
22.
If that isn't intrusive on the Executive Branch, I don't know what is . " Clements said that if the Court had to reverse " Flast " it should not be afraid to do so, " if you have to choose between the logic of Flast and the irreducible minimum requirements of Article III, I think it's an easy choice.
23.
There would therefore be an absence of that irreducible minimum of mutual obligation necessary to create a contract of service ( " Nethermere ( St Neots ) Ltd v Gardiner " [ 1984 ] ICR 612, 623C-G per Stephenson LJ, and " Clark v Oxfordshire Health Authority " [ 1998 ] IRLR 125, 128 per Sir Christopher Slade, at paragraph 22 ).
