The plaintiff claimed benefits after an injury to a member while riding his motor cycle in the course of the performance of his duties as a ‘sick steward’ of the union. The applicant, who was an employee of a public corporation, had become a sick steward by nomination under the rules of the union. He could have been fined had he refused to act. Neglect of duties would have led to fining and, eventually, to dismissal. The rules laid down the duties of the sick steward, which were, primarily, to visit sick members once a week, make payments to him, account for monies and such like. The issue for the court was whether, at the time of the accident, the applicant was ‘in insurable employment’ as defined statutorily and, in particular, whether the particular arrangement whereby a member of the union was appointed a sick steward and paid for performing the duties of a sick steward (one shilling for each visit and travelling expenses) came within the meaning of ‘contract of service’ in the relevant statutory provision.
Held: Construing the statutory provision, there had to be a contract which provided for employment of one person by another person and, if so, the provisions as to employment were contract of service provisions, as opposed to contract for services provisions.
Judges:
Megaw J
Citations:
[1963] 1 WLR 441
Cited by:
Cited – Lambden v Henley Rugby Football Club and Another EAT 29-May-2009
lambden_henlryrfcEAT2009
EAT CONTRACT OF EMPLOYMENT: Whether established
The Claimant was a part time Rugby Coach. The Employment Tribunal found that he had freely elected to be paid as an independent contractor though a limited . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 02 May 2022; Ref: scu.346605