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Employment status

New and updated

  • Date:
    15 June 1997
    Type:
    Employment law cases

    Employment status: Agency worker was "employee" for specific assignment

    In McMeechan v Secretary of State for Employment, the Court of Appeal holds that a temporary worker on the books of an employment agency may have the status of employee of the agency in respect of each assignment actually worked, notwithstanding that the same worker may not be entitled to employee status under his or her general terms of engagement.

  • Date:
    1 October 1995
    Type:
    Employment law cases

    Contracts of employment: Employment status in the safety context

    In Lane v The Shire Roofing Co (Oxford) Ltd, the Court of Appeal holds that a roofer hired by a company for an individual roofing job was an employee, and so the company was liable to pay damages for the personal injury he suffered when he fell off his ladder whilst carrying out that work.

  • Date:
    1 August 1995
    Type:
    Employment law cases

    Contracts of employment: Agency worker was an employee

    The EAT holds in McMeechan v Secretary of State for Employment and another that where a temporary worker's relationship with an employment agency or business is governed by a written contract, the employment status of that worker is dependent on the construction of the contractual terms.

  • Date:
    23 August 1983
    Type:
    Employment law cases

    Contracts of employment: Casual waiters not employees

    An Industrial Tribunal's decision as to whether a contract is a contract of employment can only be overturned on appeal if the Tribunal misdirected itself in law or reached a perverse decision on the facts, the majority of the Court of Appeal concludes in the widely publicised case of O'Kelly and others v Trusthouse Forte Plc.

  • Date:
    1 January 1978
    Type:
    Employment law cases

    Massey v Crown Life Insurance Co

    In Massey v Crown Life Insurance Co [1978] IRLR 31 CA, the Court of Appeal held that, whilst the parties to a contract cannot alter the truth of their relationship by putting a different label upon it, when it is ambiguous as to whether the employment is under a contract of employment or a contract for services, the terms of an agreement between the parties may be decisive as to what is the legal relationship.

  • Date:
    31 December 1968
    Type:
    Employment law cases

    Ready Mixed Concrete (South East) Ltd v Ministry of Pensions and National Insurance

    In Ready Mixed Concrete (South East) Ltd v Ministry of Pensions and National Insurance [1968] 1 All ER 433 HC, the High Court held that a contract of service existed if three conditions were fulfilled, one of these being that the provisions of the contract should not be inconsistent with its being a contract of service. In this case the rights conferred and the duties imposed by the individual's contract with the company were not such as to make the contract one of service.