| Commentary

(1) Service

| Commentary

C.     Duties of the employee

(1)     Service

It is of the essence of the contract that the employee undertakes to serve the employer. The obligation is to serve in person. It cannot be delegated or assigned (cf Ready-Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance [1968] 2 QB 497, [1968] 1 All ER 433). The obligation to serve implies that the employee is ready and willing to work: Wallis v Warren (1849) 4 Exch 361; O'Grady v M Saper Ltd [1940] 2 KB 469, [1940] 3

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