2nd element

• Barclays Bank v Various Claimants


  There is no liability for the torts of an independent contractor
• The control test (Yewens v Noakes)


  The test was whether the master (employer) had the right to control what the servant (employee) did and the way in which it was done
• The control test (Mersey docks v Coggins)


  If worker and equipment are hired out, there is the presumption that the original employer is still liable.

  If only worker is hired, the presumption is that the hirer is liable.
• The control test (Hawley)


  Includes hired workers
• Integration test (Stevenson Jordan)


  Is their work fully integrated into the business? If their work is only an accessory to the business, the person is not an employee.
• The economic reality test (Ready mix concrete)


  Indicates employment or self-employment by looking at several factors
• Viasystems Ltd


  Sometimes more than one party will be liable
• Christian Brothers- akin to employment


  1. means of compensation
  2. activity
  3. business activity
  4. risk
  5. control
• Tortfeasor must be an employee or akin to employment