Employment law

• Ready Mixed Concrete (SE) Ltd v MPNI

  Distinguishing between self employed and employee - multiple test - concrete truck driver - employee
• Lee v Chung 1990


  Person performing the service as a reason in business of his own account
• Carmichael v National Power


  Mutuality of obligation test- obligation of employer to provide work and obligation of employee to accept work. Workers would engage when required to be guides.
• Mersey Docks & Harbour Board v Coggins & Griffiths (Liverpool) Ltd


  Secondment - crane driver injured, which employer was liable original or seconded
• Employee:

  contract of service

  Pays tax under PAYE,

  Has legal protection

  Torts committed while employed wil be liable by employer

  Not vat registered
• Independent Contractor (se):

  contract for service

  Self employed

  Works for many people

  Pays tax under self assessment

  They are liable for their own torts

  Limited protection
• Tests:

  • Control - boss had control on what work was done and how

  • Multiple test:

  Worker provides his own work and skill in return for a wage or other payment

  Worker agrees that he will be under the control of the person paying for his work

  Rest of the terms of the contract are consistent with a contract of employment on matters of tax, NI and equipment provision.
• Control & other matters such as

  • Who provided the equipment

  • Who hired those who helped the service performer

  • Amount of financial risk taken

  • Responsibility of investment and management

  • The extent to which the worker had an opportunity to profit from performing a service well
• mutuality of obligation test: (case: Carmichael v National Power )

  obligation of employer to provide work and obligation of employee to accept work.

  Secondment: (case: Mersey Docks & Harbour Board v Coggins & Griffiths (Liverpool) Ltd

  Employer who lent the employee retains liability but it can be the other (seconded) if the borrowing employer had sufficient control of the employee