The right of dismissal in itself is unlikely to be a determining factor. Cooke, J in Market Investigations Ltd v Minister of Social Security1 saw breach of contract as the nub of the issue:
'As to the right of dismissal … I cannot see on what ground the right to dismiss in the middle of an assignment is said to be entirely excluded in this case; but assuming that it is, that fact does not in my view assist the company in establishing that the contract is a contract for services and not a contract of service.
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