The plaintiff had fallen from a roof whilst working for the defendants, and had claimed damages for breach of statutory duty. The parties disputed whether the plaintiff was an employee or a self-employed independent contractor.
Held: The real relationship of the parties was that of master and servant and that they had put the wrong label on it by regarding him as working on ‘the lump’.
Lawton LJ (dissenting) thought that the partners had deliberately put the right label on their relationship. The man was on ‘the lump’. He had had all the benefits of it by avoiding tax. It was contrary to public policy that, when he had an accident, he could throw over that relationship and claim that he was only a servant.
Megaw, Browne, Lawton LJJ
[1976] 1 WLR 1213, [1976] EWCA Civ 7, [1976] 3 All ER 817
Bailii
Construction (Working Places) Regulations 1966 28(1)
England and Wales
Citing:
Cited – Kelly v Pierhead Ltd 1967
. .
Cited by:
Distinguished – Massey v Crown Life Insurance Co 1978
. .
Cited – Massey v Crown Life Insurance Company CA 4-Nov-1977
Massey worked as Crown Life’s manager under 2 contracts, one a contract of employment, the other a contract of general agency. Tax and other contributions were deducted from wages paid under the former, while commission was paid under the agency . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 September 2021; Ref: scu.194291