Traditional Employment Flashcards
Control Test
The master has control over the actions of the employee. This could be with regards to:
1) Power to select the employee
2)Controlling the method of working
3)Right to suspend or dismiss
4) The payment of wages
Mersey Docks V Coggins
Crane driver who was hired out by his employers negligently injured a person.
Held: Permanent employer is liable unless it can be proven otherwise
Mersey Docks AO3
P - unfair that if the employee and their tools are hired, the employer is liable.
DP - Lead to loopholes in employer only hiring employee and not equipment to remove liability.
WDP - Create Confusion leading to the law not being property applied
Integration test
Established by Lord Denning in Stevenson V McDonald
Worker is an employee if his work is fully integrated into the business.
If Person work is an accessory, person is not a employee.
Integrated AO3
Economic Reality
Ownership of tools / equipment
Method of Payment
Likely to be an employee
How the person describe themselves
The amount of independence and flexibility
Employment Status Ao3
P - Allows C to have more chances of proving if the employer is accountable.
DP - Inconsistent decisions which conflicts with the ROL as law is not certain nor ascertainable.
WDP - Lawyers can’t advise clients the likelihood of case limiting access to justice.
Independent Contractor
IC is self employed and therefore legally responsible for their own action and can be sued by the victim of a tort committed by him.
Barclay Bank V Various Claimants
126 claimants alleged sexual assaults by doctor during recruitment process.
Held: COA 2017 - Akin to employment and there were a close connection
SC 2020 - use IC defence. Barclay was not liable for doctor’s actions.
Barclay Ao3
P -Showing a modern day approach in which IC are treated and the employer won’t be automatically liable.
DP- Decision made by experienced and prestigious judges allowing the public to trust the decisions.
WDP - Confusing as the courts will accept IC defence or the tortfeasor is akin to employment. Unfair on Claimant.
