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Appeals court rules contractor was an employee
The Court of Appeal has confirmed that a limited company contractor was an 'employee' of his client after it dismissed Cable & Wireless’ appeal in the case of Muscat v. Cable & Wireless. In a long-awaited judgment, the Court found that Muscat was an employee of the client, even though he supplied service...
Case | 13 Mar 2006
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Burden of proof when an employee dies – House of Lords appeal
...ny director ordered to pay fines totaling £250,000 and costs of £216,000 in November 2006, following the death of an employee nearly six years ago, have lost their appeal in the House of Lords. Chargot Ltd, Ruttle Contracting Ltd and George Henry Ruttle, were originally convicted at Preston Crown Court of charges brought by the HSE following the death of employee Shaun Riley. Riley, 31, died at Heskin Hall Farm near Chorley in January 2003, when an articulated dumper truck he was driving overturned. There were no witnesses and the accident’s precise cause was never established.HSE investigator ...
Case | 17 Dec 2008
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More freelancers might be taxed as employees after High Court ruling
An IT contractor has been hit with a £99,000 tax bill after the High Court ruled that he should be taxed as an employee of the company he undertook work for.Jon Bessell, 50% owner and sole director of Dragonfly Consulting, carried out work for motoring organisation AA for three years until 2003.Bessell is an IT systems tester and worked almost exclusively for AA in the th...
Case | 11 Sep 2008
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Contractors Suffer another IR35 Defeat: Stutchbury Judgment
Contractors working in the UK were dealt another defeat in the latest battle against the controversial IR35 tax on Friday. IT consultant Gordon Stutchbury lost his High Court claim against a ruling by the Inland Revenue that treated him as a 'disguised employee' of one of his clients, albeit he was acknowledged to be "in business on his own account". The IR35 legislation came into force in April 2000. It treats small businesses in the knowledge-based sector as 'disgu...
Case | 31 Mar 2003
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Health and safety fatality prosecution thrown out of court
An “unnecessary” prosecution brought by the Health and Safety Executive (HSE) was thrown out of court last month when the judge held that there was “not a shred of evidence that there was anything to be criticised in the actions of the defendants”.Two large engineering companies were being tried under section 3 of the Health and Safety at Work etc. Act 1974 (HSWA) and Regulation 10 of the Const...
Case | 12 May 2009
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What is an operation under the Manual Handling Regulations?
An employee has won his claim against his employer, RCO Support Services, that laying grit on an icy surface is an activity under the Manual Handbling Operations Regulations 1992. The Court concluded that as the activity falls under the regulations, the employer should have taken steps to avoid the risks. Leslie King was an employee of RCO Support Services Ltd, a sub-contractor, when he slipped and injured himself while laying grit on an icy coach park. Mr King claimed for damages aga...
News | 7 Feb 2001
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EAT explains when company owners are employees
...tion to hear the claim of unfair dismissal.Though the EAT agreed with that assessment of Clark's position, it also outlined the factors companies should keep in mind when deciding whether a shareholder is entitled to employee protection.Mr Justice Elias said in the EAT ruling:"Classically, when the courts are faced with the situation whether someone is an employee or not, the alternative is that he is an independent contractor. The distinction between the two is often hard to draw, and cases are highly fact sensitive, but in general the purpose of the exercise is designed to determine how fully the...
Case | 6 Mar 2008
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Contractors: are you watching them?
...ions from Workplace Law Network members on a hot topic. 14 7 landmark contractor cases Sections 2 and 3 of the Health and Safety at Work Act 1974 (HSWA) impose strict liability on employers regarding employees and non-employees, and in recent years there have been various attempts to persuade the courts that this should be mitigated where the acts of others, such as contractors, have caused or contributed to an apparent breach of the regulations. Bernie Sheehan explores what employers can learn from recent high-profile cases. LEGAL UPDATE 26 Case law Legal experts offer their advice to employers...
Magazine issue | 16 May 2007
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Is the tax status of contractors under new attack?
Gabem loses High Court application The Chancellor announced in his Budget Statement in March 2006 that he would be targeting disguised employment through managed service company schemes. Later in this briefing there is an update on the threatened Treasury assault. In the meantime one such managed service company, Gab...
News | 20 Jul 2006
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Health and Safety at Work Act - evidence of employees’ negligence
The Court of Appeal has made an important ruling in the case of R v Hatton Traffic Management Ltd which assists employers who defend health and safety prosecutions in cases where their employees have not followed the correct procedures. In such cases it will be open to employers to argue that they have disch...
News | 7 Jun 2006
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Consultants and Contractors Await Latest IR35 Tax Ruling
Consultants working in the UK are anxiously awaiting what could be a landmark ruling in a High Court case that ended Friday. The case is an appeal by IT consultant Gordon Stutchbury against a decision of tax commissioners that he was a 'disguised employee'" of one of his clients and therefore subject to the controversial IR35 tax. The IR35 legislation came into force in April 2000. It treats sm...
Case | 7 Mar 2003
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Employment law is changing - but don't tell anyone how
...et been taken." On 4 February 2008, there was a debate in the House of Lords over whether an amendment should be inserted into the Employment Bill -- currently making its way through parliament -- to protect the role and functions of the lay members appointed to an Employment Tribunal or Employment Appeals Tribunal. This amendment stated that "nothing in [the Employment Bill] or in the Tribunals, Courts and Enforcement Act 2007 shall affect the role and function of lay members", and during the debate it was asked why such an amendment was needed, seeing that, according to Lord Campbell of Alloway, "t...
Magazine issue | 13 May 2008
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Health hazards: keeping a lid on panic
...hermore, this publication is intended for general information purposes only and professional advice should be sought before applying this information to specific circumstances. Subscribers should be aware that only Acts of Parliament and Statutory Instruments have the force of law and that only the courts can authoritatively interpret the law. The views expressed in Workplace Law Magazine are the contributors' own not necessarily those of the publishers. IT'S NOT WHAT YOU SAY ... ... it's how you say it. Actions speak louder than words. It's all talk. I could go on! The point is that these common ...
Magazine issue | 1 Feb 2008
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Surprising judgment on employment status of IT contractor
...this ruling stands, all employment contracts could potentially be undermined by the use of agencies as contractual "buffers" between employers and workers. However, the EAT has disagreed with its own previous rulings and there is now a clear need for definitive guidance in this area from a higher court.
News | 23 Oct 2001
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It’s a WRAP
...hermore, this publication is intended for general information purposes only and professional advice should be sought before applying this information to specific circumstances. Subscribers should be aware that only Acts of Parliament and Statutory Instruments have the force of law and that only the courts can authoritatively interpret the law. The views expressed in Workplace Law Magazine are the contributors' own and not necessarily those of the publishers. Sara Bean Managing Editor sara.bean@workplacelaw.net Please recycle this magazine when you have finished with it. Please comment on anythin...
Magazine issue | 2 Nov 2011
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Employer could not withdraw dismissal
The Court of Appeal has recently ruled that an employer who had dismissed an employee could not later withdraw that dismissal. CF Capital (CFC) wanted to cut costs without having to make staff redundant and asked the sales team whether anyone would consider becoming a self-employed contractor rather than an...
Case | 1 Nov 2011
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Survival of the fit note?
...hermore, this publication is intended for general information purposes only and professional advice should be sought before applying this information to specific circumstances. Subscribers should be aware that only Acts of Parliament and Statutory Instruments have the force of law and that only the courts can authoritatively interpret the law. The views expressed in Workplace Law Magazine are the contributors' own and not necessarily those of the publishers. Sara Bean Managing Editor sara.bean@workplacelaw.net workplace law here's to the futureTM Visit cipd.workplacelaw.net/cipd/employment-law-a...
Magazine issue | 5 Jul 2011
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Internships – Are you breaking the law?
...on greenbelt land. · Pilotalandauction model, starting with public sector land. · Introduceanumberof measures to streamline the planning applications and related consents regimes, speeding it up. This will include a 12-month guarantee for the processing of all planning applications, including any appeals. · Consultonproposals to make it easier to convert commercial premises to residential. The presumption in favour of sustainable development was proposed in the Conservative Green Paper on planning issues prior to the election, but was not included in the Localism Bill currently before Parliament. ...
Magazine issue | 3 May 2011
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The Social Network – 12 years of the Workplace Law Conference
...hermore, this publication is intended for general information purposes only and professional advice should be sought before applying this information to specific circumstances. Subscribers should be aware that only Acts of Parliament and Statutory Instruments have the force of law and that only the courts can authoritatively interpret the law. The views expressed in Workplace Law Magazine are the contributors' own and not necessarily those of the publishers. Sara Bean Managing Editor sara.bean@workplacelaw.net Please comment on anything you read in Workplace Law Magazine Letters should be address...
Magazine issue | 1 Mar 2011
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ETs on the rise
... for a job; and calls for compulsory health and safety performance reporting. 27 15 COMMENT 40 years of the Equal Pay Act, but discrimination cases continue, argues Ben Collingwood. amongst FM professionals who want to link up with contacts from similar organisations, says Sarah Wray. 22 EAT: The Court of Appeal has set out important guidelines that could significantly increase the level of compensation payments in discrimination claims. 16 LEGAL UPDATE Expert guidance on the Equality Act 2010, including an at-a-glance guide to what's new and what's changed regarding anti-discrimination and equa...
Magazine issue | 1 Sep 2010
