Vicarious Liability: Employment status Flashcards
What is employment status?
There must be a relationship between the two persons which makes it proper for the law to make one pay for the fault of the other
What is the control test?
Where the ‘master’ has control over the actions of the employee
What woud the control test have control over?
Power to select employee
Controlling the method of working
Right to suspend/dismiss
Payment of wages
What happened in Mersey Docks & Harboud Board v Coggins and Griffiths
If send worker and equipment - original employer is liable
If send worker only - hirer is liable
What is the AO3 for Mersey Docks?
P - Unfair that if employee and tools are hired, emplpyer is liable
DP - Leads to loophols, where employer only sends employee to avoid being liable
WDP - Creates confusion, conflicts with ROL
What happened in Hawley v Luminar Leisures?
Club employed bouncer as they excercised control over how he should do his work so was VL
What is AO3 for Hawley?
P - Uber and Just Eat drivers are usually responsible for their own jobs, no one is in contorl as they choose
DP - Considered self-employed if incident occurs, claimant can be left with inadequate compensation
WDP - However, someone has to train and hire them so they could be VL
What is the integration test?
Worker is employee if his work is fully integrated into the business
Where was the integration test established?
By Lord Denning in Stevenson Jordan and Harrison Ltd v McDonald and Evans
What are some examples of being integrated?
Freelance workers
Guess teacher
What is AO3 for the integration test?
P - Difficult with regards to xmas temps, could be responsible for damage but companies can get around paying compensation due to employee not being fully integrated
DP - Employers could find a zero hr contract attractive to not have to pay if incident occurs
WDP - PGCE student doing uni placement may be there all yr and not be integrated into business, should time limit be recognised? Simple for lay people to understand
What is the economic reality/multiple test?
Various factors which may indicate eployment or self employment
Which case was the economic reality/multiple tests based on?
Ready Mixed Concrete Ltd v MPNI
What are some factors in the economic reality/multiple test?
Ownership of tools
Method of payment
NIN and pension deducted
How they describe themselves
Amount of independence and flexibility
What is the AO3 for the economix reality/multiple test?
P - Inconsistent outcomes
DP - Conflicts with ROL, no longer certian and ascertainable, don’t know which test courts use to establish if VL
WDP - Laywers unable to advise clients
