Vicarious liabilty

• Imposing liability on an employer for the acts of an employee
• The control and integration tests no longer apply
• The economic reality test:

  • Considers factors that contribute to employment
  • Uniform
  • Wages
  • Tax
  • Ownership of tools- ready mixed concrete
• 3 factors to indicate employment:

  • Employee agrees to provide work
  • Accepts work is under the control of employer
  • Contract is consistent with them being an employee
• people employed on casual basis are not employees - carmichael v national power
• 2 employers can be dualy liable for their employee - viasystems